European Parliament decision of 6 May 2009 on the powers and responsibilities of the standing committees

P6_TA(2009)0348 B6-0269/2009

The European Parliament,

–   having regard to the proposal by the Conference of Presidents,

–   having regard to Rule 174 of its Rules of Procedure,

1.  Decides to set up the following standing committees:

2.  Decides to replace Annex VI to its Rules of Procedure by the following:

3.  Decides that this decision will enter into force on the first day of the first part-session of the seventh parliamentary term;

4.  Instructs its President to forward this decision to the Council and the Commission, for information.

European Parliament decision of 6 May 2009 on the number of interparliamentary delegations, delegations to joint parliamentary committees, delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies

P6_TA(2009)0349 B6-0268/2009

The European Parliament,

–   having regard to the proposal by the Conference of Presidents,

–   having regard to Rules 188 and 190 of its Rules of Procedure,

–   having regard to the association, cooperation and other agreements concluded by the Union with non-EU countries,

–   anxious to strengthen parliamentary democracy by pursuing a continuous interparliamentary dialogue,

1.  Decides that the number of delegations and their regional groupings shall be as follows:

3.  Recalls the decision of the Conference of Presidents to establish a Euronest Parliamentary Assembly associating the European Parliament with the Parliaments of Ukraine, Moldova, Belarus, Armenia, Azerbaijan and Georgia; decides, as regards Belarus, that the Conference of Presidents will submit proposals with regard to the representation of Belarus in the Euronest Parliamentary Assembly;

4.  Decides that the Conference of Delegation Chairmen should draw up a draft annual calendar, to be adopted by the Conference of Presidents after consulting the Committee on Foreign Affairs, the Committee on Development and the Committee on International Trade, on the understanding, however, that the Conference of Presidents may modify the calendar in order to respond to political events;

5.  Decides that the political groups and non-attached Members shall appoint permanent substitutes to serve on each type of delegation and that the number of those substitutes may not exceed the number of full members representing the groups or non-attached Members;

6.  Decides to intensify cooperation with and consultation of the committees concerned by delegation work by organising joint meetings between these bodies in its usual places of work;

7.  Will endeavour to ensure at the practical level that one or more committee rapporteurs/chairs may likewise take part in the proceedings of delegations, parliamentary cooperation committees, joint parliamentary committees and multilateral Parliamentary Assemblies; and decides that the President, at the joint request of the chairmen of the delegation and committee concerned, shall authorise missions of this type;

8.  Decides that this decision will enter into force at the first part-session of the seventh parliamentary term;

9.  Instructs its President to forward this decision to the Council and the Commission.

European Parliament legislative resolution of 6 May 2009 on the proposal for a Council decision repealing Directive 83/515/EEC and 11 obsolete decisions in the field of the Common Fisheries Policy (COM(2009)0088 – C6-0094/2009 – 2009/0022(CNS))

P6_TA(2009)0350 A6-0203/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0088),

–   having regard to Article 37, Article 300(2) and the first subparagraph of Article 300(3) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0094/2009),

–   having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0203/2009),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.

European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy (COM(2009)0089 – C6-0095/2009 – 2009/0024(CNS))

P6_TA(2009)0351 A6-0202/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0089),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0095/2009),

–   having regard to Rule 51 and Rule 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries (A6-0202/2009),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.

European Parliament legislative resolution of 6 May 2009 on the proposal for a Council regulation amending Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2009)0038 – C6-0051/2009 – 2009/0011(CNS))

P6_TA(2009)0352 A6-0259/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0038),

–   having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0051/2009),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Regional Development and the Committee on Budgets (A6-0259/2009),

1.  Approves the Commission proposal as amended;

2.  Acknowledges that there are uncertainties concerning the availability of margins under heading 2; emphasises that the financing of the economic recovery plan should not put at risk future needs within that category of expenditure; expresses its preference for using the margins of the budget years that are coming to an end;

3.  Recalls that the annual amount will be decided within the annual budgetary procedure, in accordance with the provisions of point 38 of the Interinstitutional Agreement of 17 May 2006(1);

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

7.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation – amending act Recital 1 a (new) (1a)  Financing of the European economic recovery plan should be carried out in accordance with the provisions of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management1. ____________ 1OJ C 139, 14.6.2006, p. 1. Amendment 2 Proposal for a regulation – amending act Recital 1 b (new) (1b)  The current margins in heading 2 cannot be taken for granted and any agreement on the economic recovery plan should not put at risk future needs within any category of expenditure. Amendment 3 Proposal for a regulation – amending act Recital 2 (2)  Of the above amount, EUR 1.5 billion should be made available to all Member States via the European Agricultural Fund for Rural Development (EAFRD) with a view to developing broadband internet in rural areas and to strengthening the operations related to the priorities laid down in Article 16a(1)(a) to (f) of Council Regulation (EC) No 1698/2005 (hereinafter "new challenges"). (2)  Of the above amount, EUR 1 020 million should be made available to all Member States via the European Agricultural Fund for Rural Development (EAFRD) with a view to developing broadband internet in rural areas and to strengthening the operations related to the priorities laid down in Article 16a(1)(a) to (f) of Council Regulation (EC) No 1698/2005 (hereinafter "new challenges"). Of this amount, EUR 850 million should be available in 2009, while EUR 170 million should be secured through a compensation mechanism in the context of the conciliation on the 2010 budget and should be available in 2010. Amendment 4 Proposal for a regulation – amending act Recital 2 a (new) (2a)  The budgetary authority increased the 2009 budget line for rural development by EUR 249 840 000. These additional funds should be made available for the measures financed under the EAFRD in the European Economic Recovery Plan. Amendment 5 Proposal for a regulation – amending act Recital 4 (4)  In order to ensure that the breakdown of the additional Community contribution in each Member State is used consistently with the objectives of the two policy packages (new challenges and broadband internet), Member States should specify in their national strategy plans the indicative amount, resulting from the compulsory modulation together with the unused funds generated under Article 136 of Regulation (EC) No … and the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision ……. These amounts will be devoted to broadband internet infrastructure in rural areas on the one hand and to the "new challenges" on the other. (4)  In order to ensure that the breakdown of the additional Community contribution in each Member State is used consistently with the objectives of the two policy packages (new challenges and broadband internet), Member States should specify in their national strategy plans the indicative amount, resulting from the compulsory modulation together with the unused funds generated under Article 136 of Regulation (EC) No … and the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision ……. These amounts will be devoted to broadband internet infrastructure in rural areas, to the "new challenges", and to other measures aimed at improving take-up of the funds and creating new jobs. Amendment 6 Proposal for a regulation – amending act Recital 4 a (new) (4a)  In order to increase the take-up of their programmes, Member States may use the additional resources for a guarantee and loan fund. Amendment 7 Proposal for a regulation – amending act Recital 6 (6)  The Conclusions of the European Council of 12 December 2008 record the European Council's supports under the EERP, in particular, developing broadband internet, including in areas that are poorly served. Because rural areas often suffer from insufficient internet access, support for broadband infrastructures in rural areas should be strengthened under the support of EAFRD. Given the importance of this priority, Member States should provide in their programmes for operations related to this priority by the end of 2009. A list of types of operations related to broadband infrastructures should be established in order to allow Member States to identify the relevant operations in the context of the legal framework for rural development. (6)  The Conclusions of the European Council of 12 December 2008 record the European Council's supports under the EERP, in particular, developing broadband internet, including in areas that are poorly served. Because rural areas often suffer from insufficient internet access, support for broadband infrastructures and related facilities in rural areas should be strengthened under the support of EAFRD. Given the importance of this priority, Member States should provide in their programmes for operations related to this priority by the end of 2009. A list of types of operations related to broadband infrastructures and facilities should be established in order to allow Member States to identify the relevant operations in the context of the legal framework for rural development. Amendment 8 Proposal for a regulation – amending act Recital 10 (10)  Rural areas often lack broadband infrastructure both small and larger scale. The latter may be crucial for serving less accessible rural areas. In order to ensure the most effective use of available resources and to allow a substantive development of the broadband internet in rural areas, the pertinent operations should be considered eligible without limitation in the size of the related infrastructure. Therefore, the existing limitation in size for infrastructure in basic services for economy and rural population should not apply to the operations related to broadband infrastructures. (10)  Rural areas often lack broadband infrastructure both small and larger scale. The latter is crucial for serving less accessible rural areas such as islands and mountain regions. In order to ensure the most effective use of available resources and existing infrastructure, and to allow a substantive development of the broadband internet and facilities in rural areas, the pertinent operations should be considered eligible without limitation in the size of the related active or passive infrastructure or part thereof. Therefore, the existing limitation in size for infrastructure in basic services for economy and rural population should not apply to the operations related to broadband infrastructures. Amendment 9 Proposal for a regulation – amending act Recital 11 a (new) (11a)  Given the need for rapid reaction to the current economic crisis, it is appropriate to provide for payments which can be made in budget year 2009. Amendment 10 Proposal for a regulation – amending act Recital 13 a (new) (13a)  Member States should make sure that specific information is available to regional and local authorities and potential beneficiaries on the new opportunities offered by the revised rural development programmes. Amendment 11 Proposal for a regulation – amending act Recital 13 b (new) (13b)  Special measures for the provision of educational and training courses on the use of broadband infrastructures and facilities in rural communities should be established, with special attention to the vocational training of agricultural specialists, whose practical skills could then be utilised. In that respect, stimulation of the research sector should be considered a priority. Amendment 12 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1698/2005 Article 16a – paragraph 1 – point g (g) broadband internet infrastructure in rural areas. (g) broadband internet infrastructure in rural areas and facilities for public internet access in rural communities; Amendment 13 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1698/2005 Article 16a – paragraph 1 – point g a (new) (ga) economic-crisis management in the agricultural sector, principally to provide support for infrastructures and to create a network of producers and organisations; Amendment 14 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1698/2005 Article 16a – paragraph 1 – point g b (new) (gb) measures to preserve or create jobs in rural areas; Amendment 15 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1698/2005 Article 16a – paragraph 1 – point g c (new) (gc) support measures for young farmers. Amendment 16 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1698/2005 Article 16a – paragraph 3 – point b (b) a table setting out, for the period from 1 January 2009 to 31 December 2013, the total Community contribution for types of operations referred to in points (a) to (f) of paragraph 1 and the Community contribution for types of operations referred to in point (g) of paragraph 1. (b) a table setting out, for the period from 1 January 2009 to 31 December 2013, the total Community contribution for types of operations referred to in points (a) to (f) and (ga) to (gc) of paragraph 1 and the Community contribution for types of operations referred to in point (g) of paragraph 1. Amendment 17 Proposal for a regulation – amending act Article 1 – point 6 – subpoint a Regulation (EC) No 1698/2005 Article 69 – paragraph 2a "2a. The part of the amount referred to in paragraph 1 of this Article resulting from the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision …… shall be available as from 1 January 2009. It shall be devoted to types of operations related to priorities laid down in Article 16a(1) and it shall be spent as follows: "2a. The part of the amount referred to in paragraph 1 of this Article resulting from the increase of the global commitments as laid down by Council Decision 2006/493/EC as amended by Decision …… as well as the amount of EUR 249 840 000 added to budget line 05 04 05 01 in budget year 2009 shall be available as from 1 January 2009. They shall be devoted to types of operations related to priorities laid down in Article 16a(1)." (a) one third (EUR 0.5 billion) on types of operations related to priorities laid down in Article 16a(1)(a) to (f); (b) two thirds (EUR 1 billion) on types of operations related to priority laid down in Article 16a(1)(g)." Amendment 18 Proposal for a regulation – amending act Article 1 – point 6 – subpoint aa (new) Regulation (EC) No 1698/2005 Article 69 – paragraph 4 - subparagraph 1 a (new) (aa)  In paragraph 4, the following subparagraph is added: "For the amount referred to in paragraph 2a(b), the Commission shall take into account the differences in existing broadband coverage in the Member States, particularly in areas where access is difficult, and the different needs resulting therefrom.". Amendment 19 Proposal for a regulation – amending act Article 1 – point 6 – subpoint b Regulation (EC) No 1698/2005 Article 69 – paragraph 5a – subparagraph 1 a (new) The Commission's annual report on rural development shall contain a section dealing specifically with monitoring operations connected with the priorities listed in Article 16a(1)(g). Amendment 20 Proposal for a regulation – amending act Article 1 – point 6 – subpoint b Regulation (EC) No 1698/2005 Article 69 – paragraph 5 b 5b.  If, at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1) is lower than the total of the amounts referred to in paragraph 5a of this Article, the difference shall be reimbursed by the Member State to the general budget of the European Communities up to the amount by which the total allocations available for operations other than those referred to in Article 16a(1) have been exceeded. 5b.  If, at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1) is lower than the total of the amounts referred to in paragraph 5a of this Article, the difference shall be incorporated by the Member State into its agricultural development budget up to the amount by which the total allocations available for operations other than those referred to in Article 16a(1) have been exceeded. In addition, if, at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1)(a) to (f) is lower than the amount referred to in paragraph 5a of this Article for those types of operations, the difference shall be reimbursed by the Member State to the general budget of the European Communities up to the amount by which the allocations available for operations referred to in Article 16a(1)(g) have been exceeded. However, if the actual amount of Community contribution spent on the operations other than those referred to in Article 16a(1) is lower than the allocations available for those types of operations, the amount to be reimbursed shall be reduced of that difference. In parallel, if at the closure of the programme, the actual amount of Community contribution spent on the operations referred to in Article 16a(1)(g) is lower than the amount referred to in paragraph 5a of this Article for those types of operations, the difference shall be reimbursed by the Member State to the general budget of the European Communities up to the amount by which the allocations available for operations referred to in Article 16a(1)(a) to (f) have been exceeded. However, if the actual amount of Community contribution spent on the operations other than those referred to in Article 16a(1) is lower than the allocations available for those types of operations, the amount to be reimbursed shall be reduced of that difference.". Amendment 21 Proposal for a regulation – amending act Article 1 – point 6 – subpoint ba (new) Regulation (EC) No 1698/2005 Article 69 – paragraph 6 a (new) (ba)  The following paragraph is added: "6a. From the amount referred to in paragraph 2a, EUR 250 million shall be made available for payments in budget year 2009.". Amendment 22 Proposal for a regulation – amending act Article 2 – point 6 a (new) Regulation (EC) No 1698/2005 Article 69 a (new) (6a)  The following Article is inserted: " Article 69a Guarantee and loan funds Notwithstanding the provisions of Article 69, Member States can use the amount referred to in Article 69(2a) for guarantee and loan funds. For the implementation of this Article, the provisions of Commission Regulation (EC) No 1974/2006 of 15 December 2006 laying down detailed rules for the application of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)1, and in particular Articles 50, 51 and 52 thereof, shall apply. _________ 1OJ L 368, 23.12.2006, p. 15." Amendment 23 Proposal for a regulation – amending act Article 1 – point 7 Regulation (EC) No 1698/2005 Article 70 – paragraph 4 – subparagraph 2 "Notwithstanding the ceilings set out in paragraph 3, the EAFRD contribution may be increased to 90 % for convergence and to 75% for non-convergence regions for the operations of the types referred to in Article 16a(1) of this Regulation, up to the amount resulting from the application of the compulsory modulation under Article 9(4) and Article 10(3) of Regulation (EC) No …, the amount referred to in Article 69(2a) of this Regulation and, as from 2011, the amounts generated under Article 136 of Regulation (EC) No …."; "Notwithstanding the ceilings set out in paragraph 3, the EAFRD contribution may be increased to 100 % for convergence and to 75% for non-convergence regions for the operations of the types referred to in Article 16a(1) of this Regulation, up to the amount resulting from the application of the compulsory modulation under Article 9(4) and Article 10(3) of Regulation (EC) No …, the amount referred to in Article 69(2a) of this Regulation and, as from 2011, the amounts generated under Article 136 of Regulation (EC) No …."; Amendment 24 Proposal for a regulation – amending act Article 1 – point 8 a (new) Regulation (EC) No 1698/2005 Article 76 – paragraph 2 a (new) (8a)  In Article 76, the following paragraph is added: "2a. Member States shall provide specific information with regard to the new priorities outlined in Article 16a. Such information shall be provided for the benefit of regional and local authorities and potential beneficiaries of the measures.". Amendment 25 Proposal for a regulation – amending act Annex Regulation (EC) No 1698/2005 Annex III – Title List with types of operations related to the priority under Article 16a(1)(g) Indicative list with types of operations related to the priority under Article 16a(1)(g) Amendment 26 Proposal for a regulation – amending act Annex Regulation (EC) No 1698/2005 Annex III – column 1 – line 1 Creation of new broadband infrastructure including backhaul facilities (e.g. fixed, terrestrial wireless, satellite-based or combination of technologies) Creation of new broadband infrastructure including backhaul facilities and ground equipment (e.g. fixed, terrestrial wireless, satellite-based or combination of technologies) and other necessary forms of support (e.g. installation and maintenance) Amendment 27 Proposal for a regulation – amending act Annex Regulation (EC) No 1698/2005 Annex III – line 3 a (new) Providing public access to broadband facilities Article 56: basic services for the economy and rural population

(1) OJ C 139, 14.6.2006, p. 1.

European Parliament decision of 6 May 2009 on revision of the Rules of Procedure with regard to the petitions process (2006/2209(REG))

P6_TA(2009)0353 A6-0027/2009

The European Parliament,

–   having regard to the letter from its President of 20 July 2006,

–   having regard to Rules 201 and 202 of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Petitions (A6-0027/2009),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Points out that the amendments will enter into force on the first day of the next part-session, with the exception of the amendment concerning Rule 193a (new), which will enter into force on the first day after the entry into force of the relevant Treaty provision;

3.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment Amendment 1 Parliament's Rules of Procedure Rule 191 – paragraph 2 a (new) 2a.  Where a petition is signed by several natural or legal persons, the signatories shall designate a representative and deputy representatives who shall be regarded as the petitioners for the purposes of this Title. If no such representatives have been designated the first signatory or another appropriate person shall be regarded as the petitioner. Amendment 2 Parliament's Rules of Procedure Rule 191 – paragraph 2 b (new) 2b.  Each petitioner may at any time withdraw support for the petition. After withdrawal of support by all the petitioners the petition shall become null and void. Amendment 3 Parliament's Rules of Procedure Rule 191 – paragraph 3 3.  Petitions must be written in one of the official languages of the European Union. 3.  Petitions must be written in an official language of the European Union. Petitions written in any other language will be considered only where the petitioner has attached a translation or summary drawn up in an official language of the European Union. The translation or summary shall form the basis of Parliament's work. Parliament's correspondence with the petitioner shall employ the official language in which the translation or summary is drawn up. Petitions written in any other language will be considered only if the petitioner has attached a translation in an official language. Parliament's correspondence with the petitioner shall employ the official language in which the translation is drawn up. The Bureau may decide that petitions and correspondence with petitioners may be drafted in other languages used in a Member State. Amendment 4 Parliament's Rules of Procedure Rule 191 – paragraph 5 5.  Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first ascertain whether the petitions registered fall within the sphere of activities of the European Union. 5.  Petitions entered in the register shall be forwarded by the President to the committee responsible, which shall first establish the admissibility or otherwise of the petition in accordance with Article 194 of the EC Treaty. If the committee responsible fails to reach a consensus on the admissibility of the petition, it shall be declared admissible at the request of at least one quarter of the members of the committee. Amendment 5 Parliament's Rules of Procedure Rule 191 – paragraph 6 6.  Petitions declared inadmissible by the committee shall be filed; the petitioner shall be informed of the decision and the reasons therefor. 6.  Petitions declared inadmissible by the committee shall be filed; the petitioner shall be informed of the decision and the reasons for it. Where possible, alternative means of redress may be recommended. Amendment 6 Parliament's Rules of Procedure Rule 191 – paragraph 7 7.  In such cases the committee may suggest to the petitioner that he contact the competent authority of the Member State concerned or of the European Union. deleted Amendment 7 Parliament's Rules of Procedure Rule 191 – paragraph 8 8.  Unless the petitioner asks for it to be treated in confidence, it shall be entered in a public register. 8.  Petitions, once registered, shall as a general rule become public documents, and the name of the petitioner and the contents of the petition may be published by Parliament for reasons of transparency. Amendment 8 Parliament's Rules of Procedure Rule 191 – paragraph 8 a (new) 8a.  Notwithstanding the provisions contained in paragraph 8, the petitioner may request that his or her name be withheld in order to protect his or her privacy, in which case Parliament must comply with the request. Where the petitioner's complaint cannot be investigated for reasons of anonymity, the petitioner shall be consulted as to the further steps to be taken. Amendment 9 Parliament's Rules of Procedure Rule 191 – paragraph 8 b (new) 8b.  The petitioner may request that his or her petition be treated confidentially, in which case suitable precautions shall be taken by Parliament to ensure that the contents are not made public. The petitioner shall be told under which precise conditions this provision is to apply. Amendment 10 Parliament's Rules of Procedure Rule 192 – paragraph -1 (new) -1.  Admissible petitions shall be considered by the committee responsible in the course of its normal activity, either through discussion at a regular meeting or by written procedure. Petitioners may be invited to participate in meetings of the committee if their petition is to be the subject of discussion, or they may request to be present. The right to speak shall be granted to petitioners at the discretion of the Chair. Amendment 11 Parliament's Rules of Procedure Rule 192 – paragraph 1 1.  The committee responsible may decide to draw up a report or otherwise express its opinion on petitions it has declared admissible. 1.  The committee may, with regard to an admissible petition, decide to draw up an own-initiative report in accordance with Rule 45(1) or to submit a short motion for a resolution to Parliament, provided that there is no objection by the Conference of Presidents. Such motions for resolutions shall be placed on the draft agenda of the part-session held no later than eight weeks after their adoption in committee. They shall be put to a single vote and shall also be without debate unless the Conference of Presidents exceptionally decides to apply Rule 131a. The committee may, particularly in the case of petitions which seek changes in existing law, request opinions from other committees pursuant to Rule 46. The committee may request opinions from other committees that have specific responsibility for the issue under consideration in accordance with Rule 46 and Annex VI. Amendment 12 Parliament's Rules of Procedure Rule 192 – paragraph 2 2.  An electronic register shall be set up in which citizens may lend their support to the petitioner, appending their own electronic signature to petitions which have been declared admissible and entered in the register. 2.  An electronic register shall be set up in which citizens may lend or withdraw their support to the petitioner, appending their own electronic signature to petitions which have been declared admissible and entered in the register. Amendment 13 Parliament's Rules of Procedure Rule 192 – paragraph 3 3.  When considering petitions or establishing facts, the committee may organise hearings of petitioners or general hearings or dispatch members to establish the facts of the situation in situ. 3.  When investigating petitions, establishing facts or seeking solutions the committee may organise fact-finding visits to the Member State or region concerned by the petition. Reports on the visits shall be drafted by their participants. They shall be forwarded to the President after approval by the committee. Amendment 14 Parliament's Rules of Procedure Rule 192 – paragraph 4 4.  With a view to preparing its opinions, the committee may request the Commission to submit documents, to supply information and to grant it access to its facilities. 4.  The committee may request assistance from the Commission particularly in the form of information on the application of, or compliance with, Community law and information or documents relevant to the petition. Representatives of the Commission shall be invited to attend meetings of the committee. Amendment 15 Parliament's Rules of Procedure Rule 192 – paragraph 5 5.  The committee shall, where necessary, submit motions for resolutions to Parliament on petitions which it has considered. 5.  The committee may ask the President to forward its opinion or recommendation to the Commission, the Council or the Member State authority concerned for action or response. The committee may also request that its opinions be forwarded by the President to the Commission or the Council. Amendment 16 Parliament's Rules of Procedure Rule 192 – paragraph 7 7.  The President shall inform petitioners of the decisions taken and the reasons therefor. 7.  The petitioner shall be informed of the decision taken by the committee and the reasons for that decision. When consideration of an admissible petition has been concluded, it shall be declared closed and the petitioner informed. Amendment 17 Parliament's Rules of Procedure Rule 193 a (new) Rule 193 a Citizens' initiative When Parliament is informed that the Commission has been invited to submit a proposal for a legal act under Article 11(4) of the EU Treaty, the Committee on Petitions shall ascertain whether this is likely to affect its work and, if need be, shall inform those petitioners who have addressed a petition on related subjects.

European Parliament resolution of 6 May 2009 on the amended proposal for a decision of the European Parliament and of the Council amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework (2007-2013) (COM(2009)0171 – C6-0508/2008 – 2008/2332(ACI))

P6_TA(2009)0354 A6-0278/2009

The European Parliament,

–   having regard to the amended Commission proposal to the European Parliament and the Council (COM(2009)0171),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA of 17 May 2006), and in particular to Points 21, 22 and 23 thereof,

–   having regard to its resolution of 25 March 2009 on the Mid-term Review of the 2007-2013 Financial Framework(2) and of 10 March 2009 on Guidelines for the 2010 budget procedure(3) ,

–   having regard to the Conclusions of the Trialogue held on 2 April 2009,

–   having regard to the report of the Committee on Budgets (A6-0278/2009),

1.  Approves the conclusions of the Trialogue of 2 April 2009;

2.  Stresses that the agreement reached on the revision of the multiannual financial framework is the result of successful interinstitutional cooperation in responding to the financial and economic crisis that Member States are experiencing, through the promotion of solidarity in the energy resources field and the promotion of broadband in rural areas as well as the support to the agriculture sector;

3.  Recalls that with this agreement the Parliament, in its double capacity of legislative and budgetary authority, has protected its existing priorities, as it did during the 2008 budgetary procedure when an agreement on Galileo financing was reached;

4.  Agrees to the political compromise which provides for a compensation mechanism planned for the 2010 budgetary procedure, as well as - but only if necessary - for the 2011 budgetary procedure; recalls that, as stated in the Joint Declaration adopted by the European Parliament, the Council and the Commission during Trilogue on 2 April 2009, the compensation mechanism will be without prejudice to the financial envelopes of the co-decided programmes and the annual budgetary procedure and will be financed by using all budgetary means available in the budgetary legal framework;

5.  Reiterates that deficits and leftovers are still unresolved from the outcome of the negotiations of the IIA of 17 May 2006 and that these deficits should be addressed in the 2008-2009 mid-term review, as provided for in Declaration 3 of the IIA of 17 May 2006, as well as in the course of the annual budgetary procedures, if possible through more flexibility and in any case by all means foreseen by the IIA of 17 May 2006; recalls, as stated by Parliament in its unilateral declaration during Trilogue on 2 April 2009, that the Commission should take on board during the mid-term review process the principles laid down in its resolution adopted on 25 March 2009;

6.  Cautions against the regular use of margins under heading 2 to finance other headings, since this could jeopardise the interests of the agricultural sector, in light of unexpected decreases in market prices;

7.  Regrets that the agreement with the Council was reached only two months before the end of parliamentary term, leaving less space for the negotiations, and regrets that this put the institutions under pressure, even if in the usual climate of loyal cooperation;

8.  Approves the decision annexed to this resolution;

9.  Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

  10 Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 6 May 2009

amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework (2007-2013)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management(4), and in particular to Points 21, 22, first and second paragraphs, and 23 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)  At the trilogue meeting of 2 April 2009 the European Parliament, the Council and the Commission have agreed on the financing, in the framework of the European Economic Recovery Plan for modernisation of infrastructures and energy solidarity, of projects in the field of energy and broadband internet, as well as for strengthening operations related to the "new challenges" defined in the context of the assessment of the 2003 mid-term reform of the Common Agricultural Policy ("Health Check"). The financing requires, as a first step, a revision of the multiannual financial framework 2007-2013 in accordance with Points 21, 22, and 23 of the Interinstitutional Agreement, so as to raise the ceiling for the year 2009 for commitment appropriations under sub-heading 1a by an amount of EUR 2 000 000 000 in current prices.

(2)  The increase of the ceiling for sub-heading 1a will be fully offset by decreasing the ceiling for commitment appropriations under heading 2 for the year 2009 by EUR 2000 000 000.

(3)  In order to keep an appropriate relationship between commitments and payments, the annual ceilings for payment appropriations will be adjusted. The adjustment will be neutral.

(4)  Annex I of the Interinstitutional Agreement on budgetary discipline and sound financial management should therefore be amended accordingly(5),

HAVE DECIDED AS FOLLOWS:

Sole Article

Annex I to the Interinstitutional Agreement on budgetary discipline and sound financial management is replaced by the Annex to this Decision.

Done at Strasbourg on 6 May 2009,

For the European Parliament For the Council

The President The President

(1) OJ C 139, 14.6.2006, p. 1. (2) Texts adopted, P6_TA(2009)0174. (3) Texts adopted, P6_TA(2009)0095 and 0096. (4) OJ C 139, 14.6.2006, p. 1. (5) For that purpose, the figures resulting from the above agreement are converted into 2004 prices.

European Parliament resolution of 6 May 2009 on Draft amending budget No 4/2009 of the European Union for the financial year 2009, Section III – Commission (9126/2009 – C6-0156/2009 – 2009/2039(BUD))

P6_TA(2009)0355 A6-0281/2009

The European Parliament,

–   having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and particularly Articles 37 and 38,

–   having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to Preliminary draft amending budget No 4/2009 of the European Union for the financial year 2009, which the Commission presented on 8 April 2009 (SEC(2009)0496),

–   having regard to Draft amending budget No 4/2009, which the Council established on 27 April 2009 (9126/2009 – C6-0156/2009),

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0281/2009),

A.   whereas Draft amending budget No 4 to the general budget 2009 covers the revision of the ceilings of the multiannual financial framework for Headings 1a and 2,

B.   whereas the purpose of Draft amending budget No 4/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.  Takes note of Preliminary draft amending budget No 4/2009;

2.  Approves Draft amending budget No 4/2009 unamended;

3.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 248, 16.9.2002, p. 1. (2) OJ L 69, 13.3.2009. (3) OJ C 139, 14.6.2006, p. 1.

European Parliament resolution of 6 May 2009 on Draft amending budget No 5/2009 of the European Union for the financial year 2009, Section III – Commission (9127/2009 – C6-0157/2009 – 2009/2040(BUD))

P6_TA(2009)0356 A6-0282/2009

The European Parliament,

–   having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and particularly Articles 37 and 38,

–   having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to Preliminary draft amending budget No 5/2009 of the European Union for the financial year 2009, which the Commission presented on 15 April 2009 (COM(2009)0177),

–   having regard to Draft amending budget No 5/2009, which the Council established on 27 April 2009 (9127/2009 – C6-0157/2009),

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0282/2009),

A.   whereas Draft amending budget No 5 to the general budget 2009 covers the budgeting of the surplus resulting from the implementation of the budget for the year 2008,

B.   whereas the purpose of Draft amending budget No 5/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.  Takes note of Preliminary draft amending budget No 5/2009;

2.  Approves Draft amending budget No 5/2009 unamended;

3.  Instructs its President to forward this resolution to the Council and the Commission.

(1) OJ L 248, 16.9.2002, p. 1. (2) OJ L 69, 13.3.2009. (3) OJ C 139, 14.6.2006, p. 1.

European Parliament resolution of 6 May 2009 on the draft Commission directive implementing and amending Council Directive 92/75/EEC with regard to energy labelling of televisions

P6_TA(2009)0357 B6-0260/2009

The European Parliament,

–   having regard to Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances(1), and in particular Articles 9 and 12 thereof,

–   having regard to the draft Commission directive implementing and amending Council Directive 92/75/EEC with regard to energy labelling of televisions,

–   having regard to the opinion delivered on 30 March 2009 by the committee referred to in Article 10 of Directive 92/75/EEC,

–   having regard to the Commission Communication of 19 October 2006 entitled 'Action Plan for Energy Efficiency: Realising the Potential' (COM(2006)0545),

–   having regard to the Commission proposal of 13 November 2008 for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (COM(2008)0778),

–   having regard to its position of 5 May 2009 on the proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (recast)(2),

–   having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(3),

–   having regard to Rule 81(2) and (4)(b) of its Rules of Procedure,

A.   whereas the main aim of Directive 92/75/EEC (the Framework Directive), as stated in Article 1 thereof, is to 'enable the harmonisation of national measures on the publication, particularly by means of labelling and of product information, of information on the consumption of energy and of other essential resources, and additional information concerning certain types of household appliances, thereby allowing consumers to choose more energy-efficient appliances',

B.   whereas the Framework Directive also states that 'the provision of accurate, relevant and comparable information on the specific energy consumption of household appliances may influence the public's choice in favour of those appliances which consume less energy',

C.   whereas, as pointed out in the Commission Impact Assessment accompanying the proposal for a directive of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (SEC(2008)2862), the original, successful A-G label has been followed as a model in different countries around the world, such as Brazil, China, Argentina, Chile, Iran, Israel and South Africa,

D.   whereas televisions are high energy consuming appliances and consequently there is considerable potential for saving energy by adding this category to the energy labelling scheme under Article 1(2) of the Framework Directive,

E.   whereas the energy labelling of televisions should be as consistent as possible with the established energy labelling schemes for other household appliances,

F.   whereas it is stated in the above-mentioned Commission Communication that 'the existing labelling classifications will be upgraded and re-scaled every 5 years or when new technological developments justify it, based on eco-design studies, with a view to reserve A-label status for the top 10-20 % best performing equipment',

G.   whereas it is essential for the successful implementation of the energy labelling scheme to introduce measures that will provide information on the energy efficiency of household appliances that is clear, comprehensive, comparable and easily understandable to the consumer,

H.   whereas the consumer purchasing of greater numbers of efficient appliances in place of less efficient appliances would increase the revenues of appliance manufacturers,

I.   whereas the draft Commission directive, in particular as regards the energy label design and energy efficiency classes, introduces another change by adding new A classes (A-20%, A-40%, A-60%, for example) which have the potential to confuse consumers further, to hamper their proper understanding of the energy labelling scheme and to undermine their ability to choose appliances with higher energy efficiency,

J.   whereas a small number of technical adjustments to the label could result in a label which would be much clearer and more understandable to consumers,

K.   whereas evidence shows that consumers find the A-G scale clear, but the Commission has not conducted any impact assessment to show whether A-20%, A-40%, A-60% alongside empty lower classes is helpful or misleading for consumers,

L.   whereas re-scaling the existing products in a closed A-G scale would, in particular, prevent the creation of empty lower classes that may mislead consumers,

M.   whereas the introduction of these additional efficiency classes on existing A-G labels, including for other products, is likely to add to confusion about whether class A represents an efficient or an inefficient product,

N.   whereas such a measure does not serve the aim of the basic instrument in providing accurate, relevant and comparable information to consumers,

O.   whereas the Commission has put forward its proposal for a recast of the Framework Directive which could introduce further changes that would have an effect on the proposed implementing measures,

1.  Opposes the adoption of the draft Commission directive implementing and amending Council Directive 92/75/EEC with regard to energy labelling of televisions;

2.  Considers that the draft Commission directive is not compatible with the aim of the basic instrument;

3.  Calls on the Commission to withdraw the draft directive and to submit a new one, based on a closed A-G scale, to the committee referred to in Article 10 of Directive 92/75/EEC as soon as possible, and in any case no later than 30 September 2009;

4.  Considers the label layout an essential element of the energy labelling directive, which should be decided as part of the revision and recast currently being considered under the codecision procedure.

5.  Instructs its President to forward this resolution to the Council and the Commission, and to the governments and the parliaments of the Member States.

(1) OJ L 297, 13.10.1992, p. 16. (2) Texts adopted, P6_TA(2009)0345. (3) OJ L 184, 17.7.1999, p. 23.

European Parliament resolution of 6 May 2009 on the draft Commission decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects)

P6_TA(2009)0358 B6-0285/2009

The European Parliament,

–   having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation(1), and in particular Article 14(1)(b) thereof,

–   having regard to the draft Commission decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01),

–   having regard to the opinion delivered on 15 April 2009 by the committee referred to in Article 35(1) of Regulation (EC) No 1905/2006 ('the Development Cooperation Instrument (DCI) management committee'),

–   having regard to the 'General Evaluation of Actions to Raise Public Awareness of Development Issues in Europe / Development Education' (EC Reference No 2007/146962. Final Report),

–   having regard to its resolution of 13 March 2008 on the challenge of EU development cooperation policy for the new Member States(2),

–   having regard to Article 8 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(3),

–   having regard to Rule 81 of its Rules of Procedure,

A.   whereas, on 15 April 2009, the DCI management committee voted by written procedure in favour of the draft 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01),

B.   whereas, pursuant to Article 7(3) of Decision 1999/468/EC and Article 1 of the Agreement of 3 June 2008 between the European Parliament and the Commission on procedures for implementing Council Decision 1999/468/EC, Parliament received the draft implementing measures submitted to the DCI management committee and the results of the voting,

C.   whereas Article 14(1)(b) of Regulation (EC) No 1905/2006 stipulates that one of the objectives of the thematic programme on non-State actors and local authorities in development is to 'increase the level of awareness of the European citizen regarding development issues and mobilise active public support in the Community and acceding countries for poverty reduction and sustainable development strategies in partner countries',

D.   whereas concerns were raised by 11 Member States in a 'Joint Statement of Member States on DCI Non-State Actors and Local Authorities', sent to the Commission on 19 March 2009, about the Commission's intention to stop the direct financing ('targeted projects' procedure) of the TRIALOG and DEEEP(4) projects, which has been ongoing since 1998 and 2003 respectively, and instead oblige them to participate in a 'call for proposals',

E.   whereas the 'Joint Statement' of the 11 Member States, including 9 'new' Member States, warns that the timing of the Commission's plan to discontinue direct support for TRIALOG and DEEEP is 'most inconvenient', 'taking into account the current financial situation in many of the 'new' Member States and the effects that it has on the NGOs' capability to function and to develop', and expressing concern that 'a gap in financing may occur which will harm these projects by causing the loss of qualified staff as well as know-how and already established networks',

F.   whereas similar concerns were raised by the Chairman of the Committee on Development in a letter of 19 March 2009, pointing out that 'information and capacity building in the field of development cooperation in the new Member States, and development education for the European public have been constant priorities for the committee', and requesting the Commission to provide Parliament 'with the objective and transparent criteria on which it decides which activities and projects qualify for direct financing', and further requesting that 'the implementation of this proposed measure be delayed by at least one year in order to avoid possible funding gaps and putting at risk the very survival of these very useful projects',

G.   whereas the above-mentioned 'General Evaluation of Actions to Raise Public Awareness of Development Issues in Europe / Development Education' concludes that 'the strategic use of targeted projects has helped to achieve the objectives of the "Co-financing with European Development NGOs" programme' and that 'DEEEP has been an important coordination mechanism for increasing dialogue, promoting exchanges of best practice and building networks and partnerships at EU level and between national platforms and the EU', and further that 'the contribution of TRIALOG in improving dialogue and building capacity in its work with new Member States and accession states has been effective',

H.   whereas the TRIALOG programme contributes to meeting the need, highlighted in Parliament's resolution of 13 March 2008 on the challenge of EU development cooperation policy for the new Member States, for an overall communication and education strategy to remedy the lack of public recognition of development cooperation priorities in the new Member States, and the DEEEP programme responds to its call for increased development education and awareness raising in European education mentioned in the same resolution,

I.   whereas, under the above-mentioned 2009 Annual Action Programme, the Commission also proposes to allocate a direct grant for a project on 'Strengthening Cuban Managerial Capabilities', to be implemented by the European Foundation of Management Development; whereas, under the DCI Thematic Programme for Non-State Actors and Local Authorities in Development, the targeted project procedure has never previously been used for activities in partner countries,

J.   whereas the Commission subsequently released an 'Explanatory note for the DCI NSA-LA committee'(5), in which it clarifies the selection criteria for targeted actions, explaining that these are based on Article 168 of the Implementing rules of the Financial Regulation(6), and that grants may, in particular, be awarded 'to bodies with a de jure or de facto monopoly' and 'for actions with specific characteristics that require a particular type of body on account of its technical competence, its high degree of specialisation or its administrative power',

1.  Opposes the adoption of the draft Commission decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01) in its current form;

2.  Requests the Commission to clarify the criteria for determining the existence of a 'de jure or de facto monopoly' situation, given that, in their 'Joint Statement', the 11 Member States mention that, from the perspective of the 'new' Member States, a 'de facto monopoly' situation still exists with respect to the Europe-wide activities carried out by Trialog and DEEEP;

3.  Insists on open, transparent and horizontal application of the criteria for awarding direct grants for targeted projects in order to ensure a level playing field for all; insists, therefore, that the same criteria be applied for Trialog, DEEEP and the project on 'Strengthening Cuban Managerial Capabilities';

4.  Insists that uninterrupted funding be assured, through a strategic, Europe-wide programme, for the valuable activities of promoting exchanges of best practice, and building networks and partnerships at EU level and between national platforms and the EU, and for improving dialogue and building capacity in the work with 'new' Member States and accession states;

5.  Invites the Commission to engage in a dialogue with Parliament in the context of its forthcoming review(7) of the system of calls for proposals for the Thematic Programmes; considers it to be inappropriate to anticipate any recommendations for modifications or improvements of the system that may result from the review; calls, therefore, for existing arrangements on directly funded actions to be left unchanged for a 12-month period, and for any future changes to reflect the outcome of the review process and to ensure long-term, predictable and sustainable development cooperation activities;

6.  Calls on the Commission to adapt its draft decision establishing the 2009 Annual Action Programme for Non-State Actors and Local Authorities in Development (Part II: Targeted Projects) (CMTD(2009)0387 – D004766/01) in order to include EU-wide projects for raising awareness of development issues in the enlarged EU and for development education exchange in the EU;

7.  Instructs its President to forward this resolution to the Council and the Commission, and the governments and parliaments of the Member States.

(1) OJ L 378, 27.12.2006, p. 41. (2) Texts adopted, P6_TA(2008)0097. (3) OJ L 184, 17.7.1999, p. 23. (4) DEEEP: 'Development Education Exchange in Europe' - http://www.deeep.org/ TRIALOG: 'Development NGOs in the enlarged EU' - http://www.trialog.or.at/start.asp?ID=96 (5) AIDCO/F1/NC D(2009) of 6.4.2009 (D004766-01-EN-02). (6) Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, 31.12.2002, p. 1). (7) The 'Palermo II process'.

European Parliament decision of 6 May 2009 on the general revision of Parliament's Rules of Procedure (2007/2124(REG))

P6_TA(2009)0359 A6-0273/2009

The European Parliament,

–   having regard to Rules 201 and 202 of its Rules of Procedure,

–   having regard to the report of the Committee on Constitutional Affairs (A6-0273/2009),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Decides to insert the Code of Conduct for negotiating codecision files, as approved by its Conference of Presidents on 18 September 2008, into its Rules of Procedure as Annex XVIe;

3.  Decides that the amendments will enter into force on the first day of the seventh parliamentary term;

4.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment Amendment 1 Parliament's Rules of Procedure Rule 9 – paragraph 1 – subparagraph 1 1.  Parliament may lay down rules governing the transparency of its Members' financial interests, which shall be attached to these Rules of Procedure as an annex. 1.  Parliament shall lay down rules governing the transparency of its Members' financial interests, which shall be attached to these Rules of Procedure as an annex. Amendment 2 Parliament's Rules of Procedure Rule 10 a (new) Rule 10a Observers 1.  Where a Treaty on the accession of a State to the European Union has been signed, the President, after obtaining the agreement of the Conference of Presidents, may invite the parliament of the acceding State to designate from among its own members a number of observers equal to the number of future seats in the European Parliament allocated to that State. 2.  Those observers shall take part in the proceedings of Parliament pending the entry into force of the Treaty of Accession, and shall have a right to speak in committees and political groups. They shall not have the right to vote or to stand for election to positions within Parliament. Their participation shall not have any legal effect on Parliament's proceedings. 3.  Their treatment shall be assimilated to that of a Member of Parliament as regards the use of Parliament's facilities and the reimbursement of expenses incurred in their activities as observers. Amendment 51 Parliament's Rules of Procedure Rule 11 Oldest Member Provisional Chair 1.  At the sitting provided for under Rule 127(2), and at any other sitting held for the purpose of electing the President and the Bureau, the oldest Member present shall take the Chair until the President has been elected. 1.  At the sitting provided for under Rule 127(2), and at any other sitting held for the purpose of electing the President and the Bureau, the outgoing President or, failing him or her, one of the outgoing Vice-Presidents in order of precedence or, in the absence of any of them, the Member having held office for the longest period shall take the Chair until the President has been elected. 2.  No business shall be transacted while the oldest Member is in the Chair unless it is concerned with the election of the President or the verification of credentials. 2.  No business shall be transacted while a Member is provisionally in the Chair by virtue of paragraph 1 unless it is concerned with the election of the President or the verification of credentials. Theoldest Member shall exercise the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised whenthe oldest Member is in the Chair shall be referred to the committee responsible for the verification of credentials. The Memberwho is provisionally in the Chair by virtue of paragraph 1shall exercise the powers of the President referred to in the second subparagraph of Rule 3(2). Any other matter relating to the verification of credentials that is raised when he or sheis in the Chair shall be referred to the committee responsible for the verification of credentials. Amendment 52 Parliament's Rules of Procedure Rule 13 1.  The President shall be elected first. Nominations shall be handed before each ballot to the oldest Member, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected. 1.  The President shall be elected first. Nominations shall be handed before each ballot to the Member provisionally in the Chair by virtue of Rule 11, who shall announce them to Parliament. If after three ballots no candidate has obtained an absolute majority of the votes cast, the fourth ballot shall be confined to the two Members who have obtained the highest number of votes in the third ballot. In the event of a tie the elder candidate shall be declared elected. 2.  As soon as the President has been elected, the oldest Member shall vacate the Chair. Only the elected President may deliver an opening address. 2.  As soon as the President has been elected, the Member who is provisionally in the Chair by virtue of Rule 11 shall vacate the Chair. Only the elected President may deliver an opening address. Amendment 3 Parliament's Rules of Procedure Rule 24 – paragraph 4 a (new) 4a.  The Conference of Presidents shall be responsible for organising structured consultation with European civil society on major topics. This may include the organisation of public debates, open to participation by interested citizens, on subjects of general European interest. The Bureau shall appoint a Vice-President responsible for the implementation of such consultations, who shall report back to the Conference of Presidents. Amendment 4 Parliament's Rules of Procedure Rule 28 – paragraph 2 2.  Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing and published in the Bulletin of Parliament within thirty days of tabling, together with the answers given. 2.  Any Member may ask questions related to the work of the Bureau, the Conference of Presidents and the Quaestors. Such questions shall be submitted to the President in writing, notified to Members and published on Parliament's website within thirty days of tabling, together with the answers given. Amendment 5 Parliament's Rules of Procedure Rule 30 a (new) Rule 30a Intergroups 1.  Individual Members may form Intergroups or other unofficial groupings of Members, to hold informal exchanges of views on specific issues across different political groups, drawing on members of different parliamentary committees, and to promote contact between Members and civil society. 2.  Such groupings may not engage in any activities which might result in confusion with the official activities of Parliament or of its bodies. Provided that the conditions laid down in rules governing their establishment adopted by the Bureau are respected, political groups may facilitate their activities by providing them with logistical support. Such groupings shall declare any external support in accordance with Annex I. Amendment 6 Parliament's Rules of Procedure Rule 36 – paragraph 1 1.  Without prejudice to Rule 40, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the Financial Perspective. 1.  Without prejudice to Rule 40, the committee responsible shall verify the financial compatibility of any Commission proposal, or any other document of a legislative nature, with the multiannual financial framework. (Horizontal amendment: the words "Financial Perspective" shall be replaced throughout the entire text of the Rules of Procedure by the words "multiannual financial framework".) Amendment 7 Parliament's Rules of Procedure Rule 39 – paragraph 1 1.  Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament. Parliament may, at the same time, fix a deadline for the submission of such a proposal. 1.  Parliament may request the Commission, pursuant to Article 192, second paragraph, of the EC Treaty, to submit to it any appropriate proposal for the adoption of a new act or the amendment of an existing act, by adopting a resolution on the basis of an own-initiative report from the committee responsible. The resolution shall be adopted by a majority of the component Members of Parliament in the final vote. Parliament may, at the same time, fix a deadline for the submission of such a proposal. Amendment 8 Parliament's Rules of Procedure Rule 45 – paragraph 2 2.  Motions for resolutions contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for resolutions shall not be admissible for consideration in plenary unless tabled by the rapporteur to take account of new information, but alternative motions for resolutions may be tabled in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents. 2.  Motions for resolutions contained in own-initiative reports shall be examined by Parliament pursuant to the short presentation procedure set out in Rule 131a. Amendments to such motions for resolutions shall only be admissible for consideration in plenary if tabled by the rapporteur to take account of new information or by at least one-tenth of the Members of Parliament. Political groups may table alternative motions for resolutions in accordance with Rule 151(4). This paragraph shall not apply where the subject of the report qualifies for a key debate in plenary, where the report is drawn up pursuant to the right of initiative referred to in Rule 38a or 39, or where the report can be considered a strategic report according to the criteria set out by the Conference of Presidents. Amendment 9 Parliament's Rules of Procedure Rule 47 – indent 3 – the chairs, rapporteur and rapporteurs for opinions concerned shall endeavour to jointly identify areas of the text falling within their exclusive or joint competences and agree on the precise arrangements for their cooperation; – the chairs, rapporteur and rapporteurs for opinions concerned shall jointly identify areas of the text falling within their exclusive or joint competences and agree on the precise arrangements for their cooperation. In the event of disagreement about the delimitation of competences the matter shall be submitted, at the request of one of the committees involved, to the Conference of Presidents, which may decide on the question of the respective competences or decide that the procedure with joint committee meetings pursuant to Rule 47a is to apply; the second and third sentences of Rule 179(2) shall apply mutatis mutandis; Amendment 10 Parliament's Rules of Procedure Rule 47 – indent 4 – the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which the chair of the committee responsible considers, on the basis of Annex VI, after consulting the chair of the associated committee, to fall under the exclusive competence of the associated committee and which do not contradict other elements of the report. The chair of the committee responsible shall take account of any agreement reached under the third indent; – the committee responsible shall accept without a vote amendments from an associated committee where they concern matters which fall within the exclusive competence of the associated committee. If amendments on matters which fall within the joint competence of the committee responsible and an associated committee are rejected by the former, the latter may table those amendments directly to Parliament; Amendment 11 Parliament's Rules of Procedure Rule 47 a (new) Rule 47a Procedure with joint committee meetings Where the conditions set out in Rule 46(1) and Rule 47 are satisfied, the Conference of Presidents may, if it is satisfied that the matter is of major importance, decide that a procedure with joint meetings of committees and a joint vote is to be applied. In that event, the respective rapporteurs shall draw up a single draft report, which shall be examined and voted on by the committees involved at joint meetings held under the joint chairmanship of the committee chairs concerned. The committees involved may set up inter-committee working groups to prepare the joint meetings and votes. Amendment 12 Parliament's Rules of Procedure Rule 51 – paragraph 2 – subparagraph 2 The consultation procedure is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible. The first reading is concluded if the draft legislative resolution is adopted. If Parliament does not adopt the legislative resolution, the proposal shall be referred back to the committee responsible. Amendment 13 Parliament's Rules of Procedure Rule 51 – paragraph 3 3.  The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's opinion. 3.  The text of the proposal as approved by Parliament and the accompanying resolution shall be forwarded to the Council and Commission by the President as Parliament's position. (Horizontal amendment: in all provisions relating to the codecision procedure, the words 'Parliament's opinion' shall be replaced throughout the entire text of the Rules of Procedure by 'Parliament's position'.) Amendment 14 Parliament's Rules of Procedure Rule 52 – paragraph 1 1.  If a Commission proposal fails to secure a majority of the votes cast, the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal. 1.  If a Commission proposal fails to secure a majority of the votes cast or if a motion for its rejection, which may be tabled by the committee responsible or by at least forty Members, has been adopted, the President shall, before Parliament votes on the draft legislative resolution, request the Commission to withdraw the proposal. Amendment 15 Parliament's Rules of Procedure Rule 52 – paragraph 2 2.  If the Commission does so, the President shall hold the consultation procedure on the proposal to be superfluous and shall inform the Council accordingly. 2.  If the Commission does so, the President shall declare the procedure closed and shall inform the Council accordingly. Amendment 16 Parliament's Rules of Procedure Rule 52 – paragraph 3 3.  If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution. 3.  If the Commission does not withdraw its proposal, Parliament shall refer the matter back to the committee responsible without voting on the draft legislative resolution, unless Parliament, on a proposal of the chair or rapporteur of the committee responsible or of a political group or at least forty Members, proceeds to vote on the draft legislative resolution. In this case, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months. In the event of referral back, the committee responsible shall, orally or in writing, report back to Parliament within a period decided by Parliament which may not exceed two months. Amendment 59 Parliament's Rules of Procedure Rule 65 a (new) (to be introduced under Chapter 6: Conclusion of the Legislative Procedure) Rule 65a Interinstitutional negotiations in legislative procedures 1.  Negotiations with the other institutions aimed at reaching an agreement in the course of a legislative procedure shall be conducted having regard to the Code of Conduct for negotiating in the context of codecision procedures (Annex XVIe). 2.  Before entering into such negotiations, the committee responsible should, in principle, take a decision by a majority of its members and adopt a mandate, orientations or priorities. 3.  If the negotiations lead to a compromise with the Council following the adoption of the report by the committee, the committee shall in any case be reconsulted before the vote in plenary. Amendment 18 Parliament's Rules of Procedure Rule 66 1.  Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved its amendments, but not otherwise amended the Commission proposal, or neither institution has amended the Commission proposal, the President shall announce in Parliament that the proposal has been finally adopted. Where, pursuant to Article 251(2) of the EC Treaty, the Council has informed Parliament that it has approved Parliament's position, the President, subject to finalisation in accordance with Rule 172a, shall announce in Parliament that the proposal has been adopted in the wording which corresponds to the position of Parliament. 2.  Before making this announcement, the President shall verify that any technical adaptations made by the Council to the proposal do not affect the substance. In case of doubt, he shall consult the committee responsible. If any changes made are considered to be substantive, the President shall inform the Council that Parliament will proceed to a second reading as soon as the conditions laid down in Rule 57 are fulfilled. 3.  After making the announcement referred to in paragraph 1, the President shall, with the President of the Council, sign the proposed act and arrange for its publication in the Official Journal of the European Union, in accordance with Rule 68. Amendment 19 Parliament's Rules of Procedure Rule 68 – title Signature of adopted acts Requirements for the drafting of legislative acts Amendment 20 Parliament's Rules of Procedure Rule 68 – paragraph 1 1.  The text of acts adopted jointly by Parliament and the Council shall be signed by the President and by the Secretary-General, once it has been verified that all the procedures have been duly completed. deleted Amendment 21 Parliament's Rules of Procedure Rule 68 – paragraph 7 7.  The acts referred to above shall be published in the Official Journal of the European Union by the Secretaries-General of Parliament and the Council. deleted Amendment 22 Parliament's Rules of Procedure Rule 68 a (new) (to be introduced in Chapter 6: Conclusion of the Legislative Procedure) Rule 68a Signature of adopted acts After finalisation of the text adopted in accordance with Rule 172a and once it has been verified that all the procedures have been duly completed, acts adopted in accordance with the procedure laid down in Article 251 of the EC Treaty shall be signed by the President and the Secretary-General and shall be published in the Official Journal of the European Union by the Secretaries-General of the Parliament and of the Council. Amendment 68 Parliament's Rules of Procedure Rule 80 a – paragraph 3 – subparagraph 3 However, amendments to the parts which have remained unchanged may be admitted by way of exception and on a case-by-case basis by the chair of the above committee if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments. However, if in accordance with point 8 of the Interinstitutional Agreement the committee responsible intends also to submit amendments to the codified parts of the Commission proposal, it shall immediately notify its intention to the Council and to the Commission, and the latter should inform the committee, prior to the vote pursuant to Rule 50, of its position on the amendments and whether or not it intends to withdraw the recast proposal. Amendment 23 Parliament's Rules of Procedure Rule 83 – paragraph 1 1.  When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible shall ensure that Parliament is fully informed by the Commission about its recommendations for a negotiating mandate, if necessary on a confidential basis. 1.  When it is intended to open negotiations on the conclusion, renewal or amendment of an international agreement, including agreements in specific areas such as monetary affairs or trade, the committee responsible may decide to draw up a report or otherwise monitor the procedure and inform the Conference of Committee Chairs of that decision. Where appropriate, other committees may be asked for an opinion pursuant to Rule 46(1). Rules 179(2), 47 or 47a shall apply where appropriate. The chairs and rapporteurs of the committee responsible and, as the case may be, of the associated committees shall jointly take appropriate action to ensure that the Commission provides Parliament with full information about the recommendations for a negotiating mandate, if necessary on a confidential basis, as well as with the information referred to in paragraphs 3 and 4. Amendment 24 Parliament's Rules of Procedure Rule 83 – paragraph 6 a (new) 6a.  Before the vote on the assent is taken, the committee responsible, a political group or at least one-tenth of the Members may propose that Parliament seek an opinion from the Court of Justice on the compatibility of an international agreement with the Treaties. If Parliament approves such a proposal, the vote on the assent shall be adjourned until the Court has delivered its opinion. Amendment 25 Parliament's Rules of Procedure Rule 97 – paragraph 3 3.  Parliament shall establish a register of Parliament documents. Legislative documents and other documents as indicated in an Annex to these Rules shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References for other Parliament documents shall as far as possible be included in the register. 3.  Parliament shall establish a register of Parliament documents. Legislative documents and certain other categories of documents shall, in accordance with Regulation (EC) No 1049/2001, be made directly accessible through the register. References for other Parliament documents shall as far as possible be included in the register. Categories of documents which are directly accessible shall be set out in a list adopted by Parliament and annexed to these Rules. This list shall not restrict the right of access to documents not falling under the categories listed. Categories of documents which are directly accessible shall be set out in a list adopted by the Bureau and published on Parliament's website. This list shall not restrict the right of access to documents not falling under the categories listed; those documents shall be made available on written application. Parliament documents which are not directly accessible through the register shall be made available on written application. The Bureau may adopt rules, in conformity with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union. The Bureau may adopt rules, in conformity with Regulation (EC) No 1049/2001, laying down arrangements for access which shall be published in the Official Journal of the European Union. (Annex XV is deleted) Amendment 26 Parliament's Rules of Procedure Rule 103 – paragraph 1 1.  Members of the Commission, Council and European Council may at any time ask the President for permission to make a statement. The President shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members. 1.  Members of the Commission, Council and European Council may at any time ask the President of Parliament for permission to make a statement. The President of the European Council shall make a statement after every meeting thereof. The President of Parliament shall decide when the statement may be made and whether it is to be followed by a full debate or by thirty minutes of brief and concise questions from Members. Amendment 60 Parliament's Rules of Procedure Rule 116 – paragraph 1 1.  Up to five Members may submit a written declaration of not more than 200 words on a matter falling within the sphere of activities of the European Union. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors. 1.  Up to five Members may submit a written declaration of not more than 200 words on a matter within the competences of the European Union and which does not cover issues that are the subject of an ongoing current legislative process. Authorisation shall be given by the President on a case-by-case basis. Written declarations shall be printed in the official languages and distributed. They shall be included with the names of the signatories in a register. This register shall be public and shall be maintained outside the entrance to the Chamber during part-sessions and between part-sessions in an appropriate location to be determined by the College of Quaestors. Amendment 27 Parliament's Rules of Procedure Rule 116 – paragraph 3 3.  Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes. 3.  Where a declaration is signed by the majority of Parliament's component Members, the President shall notify Parliament accordingly and publish the names of the signatories in the minutes and the declaration as a text adopted. Amendment 28 Parliament's Rules of Procedure Rule 116 – paragraph 4 4.   Such a declaration shall, at the end of the part-session, be forwarded to the institutions named therein together with the names of the signatories. It shall be included in the minutes of the sitting at which it is announced. Publication in the minutes shall close the procedure. 4.  The procedure shall be closed by the transmission to the addressees, at the end of the part-session, of the declaration, together with the names of the signatories. Amendment 29 Parliament's Rules of Procedure Rule 131 a At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to intervene and any Member shall have the right to react by handing in an additional written statement pursuant to Rule 142(7). At the request of the rapporteur or on a proposal of the Conference of Presidents, Parliament may also decide that an item not needing a full debate be dealt with by means of a short presentation in plenary by the rapporteur. In that event, the Commission shall have the opportunity to respond, followed by up to ten minutes of debate in which the President may give the floor, for up to one minute each, to Members who catch his eye. Amendments 30 and 66 Parliament's Rules of Procedure Rule 142 Allocation of speaking time Allocation of speaking time and list of speakers 1.  The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate. 1.  The Conference of Presidents may propose to Parliament that speaking time be allocated for a particular debate. Parliament shall decide on this proposal without debate. 1a.  Members may not speak unless called upon to do so by the President. Members shall speak from their places and shall address the President. If speakers depart from the subject, the President shall call them to order. 1b.  The President may draw up, for the first part of a particular debate, a list of speakers that includes one or more rounds of speakers from each political group wishing to speak, in the order of their size, and one non-attached Member. 2.  Speaking time shall be allocated in accordance with the following criteria: 2.  Speaking time for this part of a debate shall be allocated in accordance with the following criteria: (a) a first fraction of speaking time shall be divided equally among all the political groups; (a) a first fraction of speaking time shall be divided equally among all the political groups; (b) a further fraction shall be divided among the political groups in proportion to the total number of their members; (b) a further fraction shall be divided among the political groups in proportion to the total number of their members; (c) the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b). (c) the non-attached Members shall be allocated an overall speaking time based on the fractions allocated to each political group under subparagraphs (a) and (b). 3.  Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected. 3.  Where a total speaking time is allocated for several items on the agenda, the political groups shall inform the President of the fraction of their speaking time to be used for each individual item. The President shall ensure that these speaking times are respected. 3a.  The remaining part of the time for a debate shall not be specifically allocated in advance. Instead, the President shall call on Members to speak, as a general rule for no more than one minute. The President shall ensure – as far as possible – that speakers holding different political views and from different Member States are heard in turn. 3b.  On request priority may be given to the chair or rapporteur of the committee responsible and to the chairs of political groups who wish to speak on their behalf, or to speakers deputising for them. 3c.  The President may give the floor to Members who indicate, by raising a blue card, their wish to put to another Member, during that Member's speech, a question of no longer than half a minute's duration, where the speaker agrees and where the President is satisfied that this will not lead to a disruption of the debate. 4.  No Member may speak for more than one minute on any of the following: the minutes, procedural motions, amendments to the final draft agenda or to the agenda. 4.  No Member may speak for more than one minute on any of the following: the minutes of the sitting, procedural motions, amendments to the final draft agenda or to the agenda. 4a.  Without prejudice to his other disciplinary powers, the President may cause to be deleted from the verbatim reports of debates of sittings the speeches of Members who have not been called upon to speak or who continue to speak beyond the time allotted to them. 5.  The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members. 5.  The Commission and Council shall be heard in the debate on a report as a rule immediately after its presentation by the rapporteur. The Commission, the Council and the rapporteur may be heard again, in particular to respond to the statements made by Members. 6.  Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them. 6.  Without prejudice to Article 197 of the EC Treaty, the President shall seek to reach an understanding with the Commission and Council on appropriate allocation of speaking time for them. 7.  Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate. 7.  Members who have not spoken in a debate may, at most once per part-session, hand in a written statement of not more than 200 words that shall be appended to the verbatim report of the debate. (Rules 141 and 143 fall) Amendment 32 Parliament's Rules of Procedure Rule 150 – paragraph 6 – subparagraph 2 a (new) Where fewer than one hundred Members are present, Parliament may not decide otherwise if at least one tenth of the Members present object. Amendment 33 Parliament's Rules of Procedure Rule 156 When over fifty amendments have been tabled to a report for consideration in Parliament, the President may, after consulting its chair, request the committee responsible to meet to consider the amendments. Any amendment not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament. When more than fifty amendments and requests for a split or separate vote have been tabled to a report for consideration in Parliament, the President may, after consulting its chair, request the committee responsible to meet to consider those amendments or requests. Any amendment or request for a split or separate vote not receiving favourable votes at this stage from at least one-tenth of the members of the committee shall not be put to the vote in Parliament. Amendment 34 Parliament's Rules of Procedure Rule 157 – paragraph 1 1.  Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts each with a distinct logical meaning and normative value, a split vote may be requested by a political group or at least forty Members. 1.  Where the text to be put to the vote contains two or more provisions or references to two or more points or lends itself to division into two or more parts having a distinct meaning and/or normative value, a split vote may be requested by a political group or at least forty Members. Amendment 35 Parliament's Rules of Procedure Rule 159 a (new) Rule 159a Final vote When voting on any legislative proposal, whether by way of a single and/or final vote, Parliament shall vote by roll call using the electronic voting system. Amendment 36 Parliament's Rules of Procedure Rule 160 – paragraph 1 1.  In addition to the cases provided for under Rules 99(4) and 100(5), the vote shall be taken by roll call if so requested in writing by a political group or at least forty Members the evening before the vote unless the President sets a different deadline. 1.  In addition to the cases provided for under Rules 99(4), 100(5) and 159a, the vote shall be taken by roll call if so requested in writing by a political group or at least forty Members the evening before the vote unless the President sets a different deadline. Amendment 37 Parliament's Rules of Procedure Rule 160 – paragraph 2 – subparagraph 1 2.  The roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote. 2.  The roll call vote shall be taken using the electronic voting system. Where the latter cannot be used for technical reasons, the roll shall be called in alphabetical order, beginning with the name of a Member drawn by lot. The President shall be the last to be called to vote. Amendment 38 Parliament's Rules of Procedure Rule 162 – paragraph 4 – subparagraph 1 4.  Between two and six Members chosen by lot shall count the votes cast in a secret ballot. 4.  Between two and eight Members chosen by lot shall count the votes cast in a secret ballot, unless an electronic vote is taken. Amendment 39 Parliament's Rules of Procedure Rule 172 1.  The minutes of each sitting, containing the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting. 1.  The minutes of each sitting, detailing the proceedings and the decisions of Parliament and the names of speakers, shall be distributed at least half an hour before the beginning of the afternoon period of the next sitting. In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this paragraph, even if the relevant Commission proposal or the Council's commonposition is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively. In the context of legislative proceedings, any amendments adopted by Parliament are also deemed to be decisions within the meaning of this Rule, even if the relevant Commission proposal or the Council's position is ultimately rejected, pursuant to Rule 52(1) or Rule 61(3) respectively. The texts adopted by Parliament shall be distributed separately. Where legislative texts adopted by Parliament contain amendments, they shall be published in a consolidated version. 2.  At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting. 2.  At the beginning of the afternoon period of each sitting the President shall place before Parliament, for its approval, the minutes of the previous sitting. 3.  If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the minutes for more than one minute. 3.  If any objections are raised to the minutes Parliament shall, if necessary, decide whether the changes requested should be considered. No Member may speak on the subject for more than one minute. 4.  The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published within one month in the Official Journal of the European Union. 4.  The minutes shall be signed by the President and the Secretary-General and preserved in the records of Parliament. They shall be published in the Official Journal of the European Union. Amendment 40 Parliament's Rules of Procedure Rule 172 a (new) Rule 172a Texts adopted 1.  Texts adopted by Parliament shall be published immediately after the vote. They shall be placed before Parliament in conjunction with the minutes of the relevant sitting and be preserved in the records of Parliament. 2.  Texts adopted by Parliament shall be subject to legal-linguistic finalisation under the responsibility of the President. Where such texts are adopted on the basis of an agreement reached between Parliament and the Council, such finalisation shall be carried out by the two institutions acting in close cooperation and by mutual agreement. 3.  The procedure laid down in Rule 204a shall apply where, in order to ensure the coherence and the quality of the text in accordance with the will expressed by Parliament, adaptations are required which go beyond corrections of typological errors or corrections necessary to ensure the concordance of all language versions as well as their linguistic correctness and terminological consistency. 4.  The texts adopted by Parliament under the procedure laid down in Article 251 of the EC Treaty shall take the form of a consolidated text. Where Parliament's vote was not based on an agreement with the Council, the consolidated text shall identify any amendments adopted. 5.  After finalisation, the texts adopted shall be signed by the President and the Secretary-General and shall be published in the Official Journal. Amendment 41 Parliament's Rules of Procedure Rule 175 Setting up of temporary committees Setting up of special committees On a proposal from the Conference of Presidents, Parliament may at any time set up temporary committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry. On a proposal from the Conference of Presidents, Parliament may at any time set up special committees, whose powers, composition and term of office shall be defined at the same time as the decision to set them up is taken; their term of office may not exceed twelve months, except where Parliament extends that term on its expiry. As the powers, composition and term of office of temporary committees are decided at the same time as these committees are set up, Parliament cannot subsequently decide to alter their powers either by increasing or reducing them. As the powers, composition and term of office of special committees are decided at the same time as these committees are set up, Parliament cannot subsequently decide to alter their powers either by increasing or reducing them. Amendment 42 Parliament's Rules of Procedure Rule 177 – paragraph 1 – interpretation (new) The proportionality among political groups must not depart from the nearest appropriate whole number. If a group decides not to take seats on a committee, the seats in question shall remain vacant and the committee shall be reduced in size by the corresponding number. Exchange of seats between political groups may not be allowed. Amendment 43 Parliament's Rules of Procedure Rule 179 – paragraph 2 2.  Should a standing committee declare itself not competent to consider a question, or should a conflict arise over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee. The Conference of Committee Chairs shall be notified and may make a recommendation to the Conference of Presidents. The Conference of Presidents shall take a decision within six working weeks of the referral of the question of competence. Otherwise the question shall be included for a decision on the agenda for the subsequent part-session. 2.  Should a standing committee declare itself not competent to consider a question, or should a conflict arise over the competence of two or more standing committees, the question of competence shall be referred to the Conference of Presidents within four working weeks of the announcement in Parliament of referral to committee. The Conference of Presidents shall take a decision within six weeks on the basis of a recommendation from the Conference of Committee Chairs, or, if no such recommendation is forthcoming, from its chair. If the Conference of Presidents fails to take a decision within that period, the recommendation shall be deemed to have been approved. Amendment 44 Parliament's Rules of Procedure Rule 179 – paragraph 2 – interpretation (new) The committee chairs may enter into agreements with other committee chairs concerning the allocation of an item to a particular committee, subject, where necessary, to the authorisation of a procedure with associated committees under Rule 47. Amendment 45 Parliament's Rules of Procedure Rule 182 a (new) Rule 182a Committee coordinators and shadow rapporteurs 1.  The political groups may designate one of their members as coordinator. 2.  The committee coordinators shall where necessary be convened by the chair to prepare decisions to be taken by the committee, in particular decisions on procedure and the appointment of rapporteurs. The committee may delegate the power to take certain decisions to the coordinators, with the exception of decisions concerning the adoption of reports, opinions or amendments. The vice-chairs may be invited to participate in the meetings of committee coordinators in a consultative role. The coordinators shall endeavour to find consensus. When consensus cannot be found, they may act only by a majority that clearly represents a large majority of the committee, having regard to the respective strengths of the various groups. 3.  The political groups may for each report designate a shadow rapporteur to follow the progress of the relevant report and find compromises within the committee on behalf of the group. Their names shall be communicated to the chair. The committee, on a proposal from the coordinators, may in particular decide to involve the shadow rapporteurs in seeking an agreement with the Council in codecision procedures. Amendment 46 Parliament's Rules of Procedure Rule 184 The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval at its next meeting. The minutes of each meeting of a committee shall be distributed to all its members and submitted to the committee for its approval. Amendment 47 Parliament's Rules of Procedure Rule 186 Rules 11, 12, 13, 16, 17, 140, 141, 143(1), 146, 148, 150 to 153, 155, 157(1), 158, 159, 161, 162, 164 to 167, 170 and 171 shall apply mutatis mutandis to committee meetings. Rules 11, 12, 13, 16, 17, 34 to 41, 140, 141, 143(1), 146, 148, 150 to 153, 155, 157(1), 158, 159, 161, 162, 164 to 167, 170 and 171 shall apply mutatis mutandis to committee meetings. Amendment 48 Parliament's Rules of Procedure Rule 188 – paragraph 6 a (new) 6a.  The chair of a delegation shall be given an opportunity to be heard by a committee when a point is on the agenda which touches on the field of responsibility of the delegation. The same shall apply at meetings of a delegation to the chair or rapporteur of that committee. Amendment 49 Parliament's Rules of Procedure Rule 192 – paragraph 1 a (new) 1a.  Where the report deals with, in particular, the application or interpretation of the law of the European Union, or proposed changes to existing law, the committee responsible for the subject-matter shall be associated in accordance with Rule 46(1) and the first and second indents of Rule 47. The committee responsible shall accept without a vote suggestions for parts of the motion for a resolution received from the committee responsible for the subject-matter which deal with the application or interpretation of the law of the European Union or changes to existing law. If the committee responsible does not accept such suggestions, the associated committee may table them directly to Parliament. Amendment 50 Parliament's Rules of Procedure Rule 204 – point c a (new) (ca) guidelines and codes of conduct adopted by the relevant bodies of Parliament (Annexes XVIa, XVIb and XVIe).

European Parliament legislative resolution of 6 May 2009 on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users" rights relating to electronic communications networks, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (16497/1/2008 – C6-0068/2009 – 2007/0248(COD))

P6_TA(2009)0360 A6-0257/2009

CORRIGENDA COR01

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16497/1/2008 – C6-0068/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0698),

–   having regard to the amended Commission proposal (COM(2008)0723),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0257/2009),

1.  Approves the common position as amended;

2.  Takes note of the Commission statements annexed to this resolution;

3.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at second reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directive 2002/22/EC on universal service and users' rights relating to electronic communications networks and services, Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2009/136/EC.)

ANNEX

Commission declaration on universal service

Recital (3a) - Universal Service

The Commission takes note of the text of recital (3a) agreed by the European Parliament and the Council.

The Commission wishes in this context to reaffirm that, as stated in its Communication COM (2008)0572 of 25 September 2008 on the scope of universal service in electronic communications networks and services, it will in the course of 2009 promote an extensive debate at EU level that will examine a wide range of alternative approaches and allow all interested parties to express their views.

The Commission will summarise the debate in a Communication addressed to the European Parliament and Council and will bring forward by 1 May 2010 such proposals in regard to the Universal Service Directive as may be necessary.

Commission declaration on data breach notification

Article 2(h) and 4(3) - ePrivacy Directive

The reform of the Regulatory Framework for Electronic Communications introduces a new concept to EU data protection and privacy rules: a mandatory notification of personal data breaches by providers of electronic communications services and networks. It is an important step towards enhanced security and privacy protection, although at this stage it remains limited to the electronic communications sector.

The Commission takes note of the will of the European Parliament that an obligation to notify personal data breaches should not be limited to the electronic communications sector but also apply to entities such as providers of information society services. Such an approach would be fully aligned with the overall public policy goal of enhancing the protection of EU citizens" personal data, and their ability to take action in the event of such data being compromised.

In this context, the Commission wishes to reaffirm its view, as stated in the course of the negotiations on the reform of the Regulatory Framework, that the obligation for providers of publicly available electronic communications services to notify personal data breaches makes it appropriate to extend the debate to generally applicable breach notification requirements.

The Commission will, therefore, without delay initiate the appropriate preparatory work, including consultation with stakeholders, with a view to presenting proposals in this area, as appropriate, by the end of 2011. In addition, the Commission will consult with the European Data Protection Supervisor on the potential for the application, with immediate effect, in other sectors of the principles embodied in the data breach notification rules in Directive 2002/58/EC, regardless of the sector or type of data concerned.

(1) Texts adopted, 24.9.2008, P6_TA(2008)0452.

European Parliament legislative resolution of 6 May 2009 on the Council common position for adopting a directive of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services (16496/1/2008 – C6-0066/2009 – 2007/0247(COD))

P6_TA(2009)0361 A6-0272/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16496/1/2008 – C6-0066/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0697),

–   having regard to the amended Commission proposal (COM(2008)0724),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0272/2009),

1.  Approves the common position as amended;

2.  Instructs its President to forward its position to the Council and the Commission.

Position of the European Parliament adopted at second reading on 6 May 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directives 2002/21/EC on a common regulatory framework for electronic communications networks and services, 2002/19/EC on access to, and interconnection of, electronic communications networks and associated facilities, and 2002/20/EC on the authorisation of electronic communications networks and services

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee(2),

Having regard to the Opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  The functioning of the five directives comprising the existing EU regulatory framework for electronic communications networks and services (Directive 2002/21/EC (Framework Directive)(5), Directive 2002/19/EC (Access Directive)(6), Directive 2002/20/EC (Authorisation Directive)(7), Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)(8), and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(9) (together referred to as "the Framework Directive and the Specific Directives") is subject to periodic review by the Commission, with a view in particular to determining the need for modification in the light of technological and market developments.

(2)  In that regard, the Commission presented its initial findings in its Communication of 29 June 2006 on the review of the EU regulatory framework for electronic communications networks and services. On the basis of these initial findings, a public consultation was held, which identified the continued lack of an internal market for electronic communications as the most important aspect needing to be addressed. In particular, regulatory fragmentation and inconsistencies between the activities of the national regulatory authorities were found to jeopardise not only the competitiveness of the sector, but also the substantial consumer benefits from cross-border competition.

(3)  The EU regulatory framework for electronic communications networks and services should therefore be reformed in order to complete the internal market for electronic communications by strengthening the Community mechanism for regulating operators with significant market power in the key markets. This is complemented by Regulation (EC) No …/2009 of the European Parliament and of the Council of ... [establishing the Body of European Regulators for Electronic Communications (BEREC) and the Office](10). The reform also includes the definition of an efficient and coordinated spectrum management strategy in order to achieve a single European information space and the reinforcement of provisions for users with disabilities in order to obtain an inclusive information society.

(4)  Recognising that the internet is essential for education and for the practical exercise of freedom of expression and access to information, any restriction imposed on the exercise of these fundamental rights should be in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. Concerning these issues, the Commission should undertake a wide public consultation.

(5)  The aim is progressively to reduce ex ante sector specific rules as competition in the markets develops and, ultimately, for electronic communications to be governed by competition law only. Considering that the markets for electronic communications have shown strong competitive dynamics in recent years, it is essential that ex ante regulatory obligations should only be imposed where there is no effective and sustainable competition.

(6)  In carrying out its reviews of the functioning of the Framework Directive and the Specific Directives, the Commission should assess whether, in the light of developments in the market and with regard to both competition and consumer protection, there is a continued need for the provisions on sector specific ex ante regulation laid down in Articles 8 to 13a of Directive 2002/19/EC (Access Directive) and Article 17 of Directive 2002/22/EC (Universal Service Directive) or whether those provisions should be amended or repealed.

(7)  In order to ensure a proportionate and adaptable approach to varying competitive conditions, national regulatory authorities should be able to define markets on a sub-national basis and to lift regulatory obligations in markets and/or geographic areas where there is effective infrastructure competition.

(8)  In order to achieve the goals of the Lisbon Agenda it is necessary to give appropriate incentives for investment in new high-speed networks that will support innovation in content-rich internet services and strengthen the international competitiveness of the European Union. Such networks have enormous potential to deliver benefits to consumers and businesses across the European Union. It is therefore vital to promote sustainable investment in the development of these new networks, while safeguarding competition and boosting consumer choice through regulatory predictability and consistency.

(9)  In its Communication of 20 March 2006 entitled "Bridging the Broadband Gap", the Commission acknowledged that there is a territorial divide in the European Union regarding access to high-speed broadband services. Easier access to radio spectrum will facilitate the development of high-speed broadband services in remote regions. Despite the general increase in broadband connectivity, access in various regions is limited on account of high costs resulting from low population densities and remoteness. In order to ensure investment in new technologies in underdeveloped regions, electronic communications regulation should be consistent with other policies, such as State aid policy, cohesion policy or the aims of wider industrial policy.

(10)  Public investment in networks should be made in accordance with the principle of non-discrimination. To this end, public support should be given by means of open, transparent and competitive procedures.

(11)  In order to allow national regulatory authorities to meet the objectives set out in the Framework Directive and the Specific Directives, in particular concerning end-to-end interoperability, the scope of the Framework Directive should be extended to cover certain aspects of radio equipment and telecommunications terminal equipment as defined in Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(11) and consumer equipment used for digital television, in order to facilitate access for disabled users.

(12)  Certain definitions should be clarified or changed to take account of market and technological developments and to eliminate ambiguities identified in implementing the regulatory framework.

(13)  The independence of the national regulatory authorities should be strengthened in order to ensure a more effective application of the regulatory framework and to increase their authority and the predictability of their decisions. To this end, express provision should be made in national law to ensure that, in the exercise of its tasks, a national regulatory authority responsible for ex ante market regulation or for resolution of disputes between undertakings is protected against external intervention or political pressure liable to jeopardise its independent assessment of matters coming before it. Such outside influence makes a national legislative body unsuited to act as a national regulatory authority under the regulatory framework. For that purpose, rules should be laid down at the outset regarding the grounds for the dismissal of the head of the national regulatory authority in order to remove any reasonable doubt as to the neutrality of that body and its imperviousness to external factors. It is important that national regulatory authorities responsible for ex ante market regulation should have their own budget allowing them, in particular, to recruit a sufficient number of qualified staff. In order to ensure transparency, this budget should be published annually.

(14)  In order to ensure legal certainty for market players, appeal bodies should carry out their functions effectively; in particular, appeals proceedings should not be unduly lengthy. Interim measures suspending the effect of the decision of a national regulatory authority should be granted only in urgent cases in order to prevent serious and irreparable damage to the party applying for those measures and if the balance of interests so requires.

(15)  There has been a wide divergence in the manner in which appeal bodies have applied interim measures to suspend the decisions of the national regulatory authorities. In order to achieve greater consistency of approach common standards should be applied in line with Community jurisprudence. Appeal bodies should also be entitled to request available information published by BEREC. Given the importance of appeals for the overall operation of the regulatory framework, a mechanism should be set up for collecting information on appeals and decisions to suspend decisions taken by the regulatory authorities in all the Member States and for the reporting of that information to the Commission.

(16)  In order to ensure that national regulatory authorities carry out their regulatory tasks in an effective manner, the data which they gather should include accounting data on the retail markets that are associated with wholesale markets where an operator has significant market power and as such are regulated by the national regulatory authority. The data should also include data which enables the national regulatory authority to assess the possible impact of planned upgrades or changes to network topology on the development of competition or on wholesale products made available to other parties.

(17)  The national consultation provided for under Article 6 of the Framework Directive should be conducted prior to the Community consultation provided for under Articles 7 and 7a of that Directive, in order to allow the views of interested parties to be reflected in the Community consultation. This would also avoid the need for a second Community consultation in the event of changes to a planned measure as a result of the national consultation.

(18)  The discretion of national regulatory authorities needs to be reconciled with the development of consistent regulatory practices and the consistent application of the regulatory framework in order to contribute effectively to the development and completion of the internal market. National regulatory authorities should therefore support the internal market activities of the Commission and those of BEREC.

(19)  The Community mechanism allowing the Commission to require national regulatory authorities to withdraw planned measures concerning market definition and the designation of operators having significant market power has contributed significantly to a consistent approach in identifying the circumstances in which ex ante regulation may be applied and those in which the operators are subject to such regulation. Monitoring of the market by the Commission and, in particular, the experience of the procedure under Article 7 of the Framework Directive, has shown that inconsistencies in the national regulatory authorities' application of remedies, even under similar market conditions, could undermine the internal market in electronic communications. Therefore the Commission may participate in ensuring a higher level of consistency in the application of remedies by adopting opinions on draft measures proposed by national regulatory authorities. In order to benefit from the expertise of national regulatory authorities on the market analysis, the Commission should consult BEREC prior to adoption of its decisions and/or opinion.

(20)  It is important that the regulatory framework is implemented in a timely manner. When the Commission has taken a decision requiring a national regulatory authority to withdraw a planned measure, national regulatory authorities should submit a revised measure to the Commission. A deadline should be laid down for the notification of the revised measure to the Commission under Article 7 of the Framework Directive in order to allow market players to know the duration of the market review and in order to increase legal certainty.

(21)  Having regard to the short time limits in the Community consultation mechanism, powers should be conferred on the Commission to adopt recommendations and/or guidelines to simplify the procedures for exchanging information between the Commission and national regulatory authorities, for example in cases concerning stable markets, or involving only minor changes to previously notified measures. Powers should also be conferred on the Commission in order to allow for the introduction of a notification exemption so as to streamline procedures in certain cases.

(22)  In line with the objectives of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of Persons with Disabilities, the regulatory framework should ensure that all users, including disabled end-users, the elderly, and users with special social needs, have easy access to affordable high quality services. Declaration 22 annexed to the final Act of Amsterdam provides that the institutions of the Community shall take account of the needs of persons with a disability in drawing up measures under Article 95 of the Treaty.

(23)  A competitive market will provide users with a wide choice of content, applications and services. National regulatory authorities should promote users' ability to access and distribute information and to run applications and services.

(24)  Radio frequencies should be considered a scarce public resource that has an important public and market value. It is in the public interest that ║ spectrum is managed as efficiently and effectively as possible from an economic, social and environmental perspective, taking ▌ account of the important role of radio spectrum for electronic communications, of the objectives of cultural diversity and media pluralism, and of social and territorial cohesion. Obstacles to its efficient use should therefore be gradually withdrawn.

(25)  Radio spectrum policy activities in the European Community should be without prejudice to measures taken at Community or national level, in accordance with Community law, to pursue general interest objectives, in particular with regard to content regulation and audio-visual and media policies, and the right of Member States to organise and use their radio spectrum for the purposes of public order, public security and defence.

(26)  Taking into account the different situation in Member States, the switchover from analogue to digital terrestrial television would, as a result of the superior transmission efficiency of digital technology, increase the availability of valuable spectrum in the European Community (known as the "digital dividend").

(27)  Before a specific harmonisation measure under Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(12) is proposed, the Commission should carry out an impact assessments on the costs and benefits of the proposed measure, such as the realisation of economies of scale and the interoperability of services for the benefit of consumers, the impact on efficiency of spectrum use, or the demand for harmonised use in the different parts of the European Union.

(28)  Although spectrum management remains within the competence of the Member States, strategic planning, coordination and, where appropriate, harmonisation at Community level can help ensure that spectrum users derive the full benefits of the internal market and that EU interests can be effectively defended globally. For these purposes, where appropriate, legislative multiannual radio spectrum policy programmes should be established to set out the policy orientations and objectives for the strategic planning and harmonisation of the use of radio spectrum in the Community. These policy orientations and objectives may refer to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market and may also refer, in appropriate cases, to the harmonisation of procedures for the granting of general authorisations or individual rights of use for radio frequencies where necessary to overcome barriers to the internal market. These policy orientations and objectives should be in accordance with the provisions of this Directive and the Specific Directives.

(29)  The Commission has indicated its intention to amend, before the entry into force of this Directive, Commission Decision 2002/622/EC of 26 July 2002 establishing a Radio Spectrum Policy Group(13) so that it provides a mechanism for the European Parliament and the Council to request opinions or reports, either orally or in writing, from the Radio Spectrum Policy Group (RSPG) on spectrum policy relating to electronic communications, and so that RSPG advises the Commission on the proposed content of the radio spectrum policy programmes.

(30)  The spectrum management provisions of this Directive should be consistent with the work of international and regional organisations dealing with radio spectrum management, such as the International Telecommunications Union (ITU) and the European Conference of Postal and Telecommunications Administrations (CEPT), so as to ensure the efficient management of and harmonisation of the use of spectrum across the Community and between the Member States and other members of the ITU.

(31)  Radio frequencies should be managed so as to ensure that harmful interference is avoided. This basic concept of harmful interference should therefore be properly defined to ensure that regulatory intervention is limited to the extent necessary to prevent such interference.

(32)  The current spectrum management and distribution system is generally based on administrative decisions that are insufficiently flexible to cope with technological and economic evolution, in particular with the rapid development of wireless technology and the increasing demand for bandwidth. The undue fragmentation amongst national policies results in increased costs and lost market opportunities for spectrum users, and slows down innovation, to the detriment of the internal market, consumers and the economy as a whole. Moreover, the conditions for access to, and use of, radio frequencies may vary according to the type of operator, while electronic services provided by these operators increasingly overlap, thereby creating tensions between rights holders, discrepancies in the cost of access to spectrum, and potential distortions in the functioning of the internal market.

(33)  National borders are increasingly irrelevant in determining optimal radio spectrum use. Fragmentation of the management of access to spectrum rights limits investment and innovation and does not allow operators and equipment manufacturers to realise economies of scale, thereby hindering the development of an internal market for electronic communications networks and services using radio spectrum.

(34)  Flexibility in spectrum management and access to spectrum should be increased through technology and service-neutral authorisations to allow spectrum users to choose the best technologies and services to apply in frequency bands declared available for electronic communications services in the relevant national frequency allocation plans in accordance with Community law (the "principles of technology and service neutrality"). The administrative determination of technologies and services should apply when general interest objectives are at stake and should be clearly justified and subject to regular periodic review.

(35)  Restrictions on the principle of technology neutrality should be appropriate and justified by the need to avoid harmful interference, for example by imposing emission masks and power levels, to ensure the protection of public health by limiting public exposure to electromagnetic fields, to ensure the proper functioning of services through an adequate level of technical quality of service, while not necessarily precluding the possibility of using more than one service in the same frequency band, to ensure proper sharing of spectrum, in particular where its use is only subject to general authorisations, to safeguard efficient use of spectrum, or to fulfil a general interest objective in conformity with Community law.

(36)  Spectrum users should also be able to freely choose the services they wish to offer over the spectrum subject to transitional measures to cope with previously acquired rights. On the other hand, measures should be allowed which require the provision of a specific service to meet clearly defined general interest objectives such as safety of life, the need to promote social, regional and territorial cohesion, or the avoidance of the inefficient use of spectrum to be permitted where necessary and proportionate. Those objectives should include the promotion of cultural and linguistic diversity and media pluralism as defined by Member States in conformity with Community law. Except where necessary to protect safety of life or, exceptionally, to fulfil other general interest objectives as defined by Member States in accordance with Community law, exceptions should not result in certain services having exclusive use, but should rather grant them priority so that, insofar as possible, other services or technologies may coexist in the same band

(37)  It lies within the competence of the Member States to define the scope and nature of any exception regarding the promotion of cultural and linguistic diversity and media pluralism.

(38)  As the allocation of spectrum to specific technologies or services is an exception to the principles of technology and service neutrality and reduces the freedom to choose the service provided or technology used, any proposal for such allocation should be transparent and subject to public consultation.

(39)  In the interests of flexibility and efficiency, national regulatory authorities may allow spectrum users freely to transfer or lease their usage rights to third parties. This would allow spectrum valuation by the market. In view of their power to ensure effective use of spectrum, national regulatory authorities should take action so as to ensure that trading does not lead to a distortion of competition where spectrum is left unused.

(40)  The introduction of technology and service neutrality and trading for existing spectrum usage rights may require transitional rules, including measures to ensure fair competition, as the new system may entitle certain spectrum users to start competing with spectrum users having acquired their spectrum rights under more burdensome terms and conditions. Conversely, where rights have been granted as a derogation from the general rules or according to criteria other than those which are objective, transparent, proportionate and non-discriminatory with a view to achieving a general interest objective, the situation of the holders of such rights should not in an unjustified manner be to the detriment of their new competitors beyond what is necessary to achieve that general interest objective or another related general interest objective.

(41)  In order to promote the functioning of the internal market and to support the development of cross-border services, the Commission should be given the power to adopt technical implementing measures in the field of numbering.

(42)  Permits issued to undertakings providing electronic communications networks and services allowing them to gain access to public or private property are essential factors for the establishment of electronic communications networks or new network elements. Unnecessary complexity and delay in the procedures for granting rights of way may therefore represent important obstacles to the development of competition. Consequently, the acquisition of rights of way by authorised undertakings should be simplified. National regulatory authorities should be able to coordinate the acquisition of rights of way, making relevant information accessible on their websites.

(43)  It is necessary to strengthen the powers of the Member States as regards holders of rights of way to ensure the entry or roll-out of a new network in a fair, efficient and environmentally responsible way and independently of any obligation on an operator with significant market power to grant access to its electronic communications network. Improving facility sharing can significantly improve competition and lower the overall financial and environmental cost of deploying electronic communications infrastructure for undertakings, particularly of new access networks. National regulatory authorities should be empowered to require that the holders of the rights to install facilities on, over or under public or private property share such facilities or property (including physical co-location) in order to encourage efficient investment in infrastructure and the promotion of innovation, after an appropriate period of public consultation, during which all interested parties should be given the opportunity to state their views. Such sharing or coordination arrangements may include rules for apportioning the costs of the facility or property sharing and should ensure that there is an appropriate reward of risk for the undertakings concerned. National regulatory authorities should in particular be able to impose the sharing of network elements and associated facilities, such as ducts, conduits, masts, manholes, cabinets, antennae, towers and other supporting constructions, buildings or entries into buildings, and a better coordination of civil works. The competent authorities, particularly local authorities, should also establish appropriate coordination procedures, in cooperation with national regulatory authorities, with respect to public works and other appropriate public facilities or property which may include procedures that ensure that interested parties have information concerning appropriate public facilities or property and on-going and planned public works, that they are notified in a timely manner of such works, and that sharing is facilitated to the maximum extent possible.

(44)  Reliable and secure communication of information over electronic communications networks is increasingly central to the whole economy and society in general. System complexity, technical failure or human mistake, accidents or attacks may all have consequences for the functioning and availability of the physical infrastructures that deliver important services to EU citizens, including e-Government services. National regulatory authorities should therefore ensure that the integrity and security of public communications networks are maintained. The European Network and Information Security Agency (ENISA)(14) should contribute to the enhanced level of security of electronic communications by, among other things, providing expertise and advice, and promoting the exchange of best practices. Both ENISA and the national regulatory authorities should have the necessary means to perform their duties, including powers to obtain sufficient information in order to assess the level of security of networks or services as well as comprehensive and reliable data about actual security incidents that have had a significant impact on the operation of networks or services. Bearing in mind that the successful application of adequate security is not a one-off exercise but a continuous process of implementation, review and updating, the providers of electronic communications networks and services should be required to take measures to safeguard their integrity and security in accordance with the assessed risks, taking into account the state of the art of such measures.

(45)  Member States should allow for an appropriate period of public consultation before the adoption of specific measures to ensure that undertakings providing public communications networks or publicly available electronic communications services take the necessary technical and organisational measures to appropriately manage risk to security of networks and services or to ensure the integrity of their networks.

(46)  Where there is a need to agree on a common set of security requirements, power should be conferred on the Commission to adopt technical implementing measures to achieve an adequate level of security of electronic communications networks and services in the internal market. ENISA should contribute to the harmonisation of appropriate technical and organisational security measures by providing expert advice. National regulatory authorities should have the power to issue binding instructions relating to technical implementing measures adopted pursuant to the Framework Directive. In order to perform their duties, they should have the power to investigate cases of non-compliance and to impose penalties.

(47)  For the purposes of ensuring that there is no distortion or restriction of competition in the electronic communications markets, national regulatory authorities should be able to impose remedies aimed at preventing leverage of significant market power from one market to another, closely related, market. It should be clear that the undertaking which has significant market power on the first market may be designated as having significant market power on the second market only if the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market and if the second market is susceptible to ex ante regulation in accordance with the criteria defined in the Recommendation on relevant product and service markets(15).

(48)  In order to provide market players with certainty as to regulatory conditions, a time limit for market reviews is necessary. It is important to conduct a market analysis on a regular basis and within a reasonable and appropriate timeframe. The timeframe should take account of whether the particular market has previously been subject to market analysis and duly notified. Failure by a national regulatory authority to analyse a market within the time limit may jeopardise the internal market, and normal infringement proceedings may not produce their desired effect on time. Alternatively, the national regulatory authority concerned should be able to request the assistance of BEREC to complete the market analysis. For instance, this assistance could take the form of a specific task force composed of representatives of other national regulatory authorities.

(49)  Due to the high level of technological innovation and highly dynamic markets in the electronic communications sector, there is a need to adapt regulation rapidly in a coordinated and harmonised way at Community level, as experience has shown that divergence among the national regulatory authorities in the implementation of the EU regulatory framework may create a barrier to the development of the internal market.

(50)  One important task assigned to BEREC is to adopt opinions in relation to cross-border disputes where appropriate. National regulatory authorities should therefore take account of any opinions of BEREC in such cases.

(51)  Experience in the implementation of the EU regulatory framework indicates that existing provisions empowering national regulatory authorities to impose fines have failed to provide an adequate incentive to comply with regulatory requirements. Adequate enforcement powers can contribute to the timely implementation of the EU regulatory framework and therefore foster regulatory certainty, which is an important driver for investment. The lack of effective powers in the event of non-compliance applies across the regulatory framework. The introduction of a new provision in the Framework Directive to deal with breaches of obligations under the Framework Directive and Specific Directives should therefore ensure the application of consistent and coherent principles to enforcement and penalties for the whole EU regulatory framework.

(52)  The existing EU regulatory framework includes certain provisions to facilitate the transition from the old regulatory framework of 1998 to the new 2002 framework. This transition has been completed in all Member States and these measures should be repealed as they are now redundant.

(53)  Both efficient investment and competition should be encouraged in tandem, in order to increase economic growth, innovation and consumer choice.

(54)  Competition can best be fostered through an economically efficient level of investment in new and existing infrastructure complemented by regulation wherever necessary to achieve effective competition in retail services. An efficient level of infrastructure-based competition is the extent of infrastructure duplication at which investors can reasonably be expected to make a fair return based on reasonable expectations about the evolution of market shares.

(55)  When imposing obligations for access to new and enhanced infrastructures national regulatory authorities should ensure that access conditions reflect the circumstances underlying the investment decision, taking into account inter alia the roll-out costs, the expected rate of take up of the new products and services and the expected retail price levels. Moreover, in order to provide planning certainty to investors, national regulatory authorities should be able to set, if applicable, terms and conditions for access which are consistent over appropriate review periods. Such terms and conditions may include pricing arrangements which depend on volumes or length of contract in accordance with Community law and provided they have no discriminatory effect. Any access conditions imposed should respect the need to preserve effective competition in services to consumers and businesses.

(56)  When assessing the proportionality of the obligations and conditions to be imposed, national regulatory authorities should take into account the different competitive conditions existing in the different areas within their Member States.

(57)  When imposing remedies to control prices, national regulatory authorities should seek to allow a fair return for the investor on a particular new investment project. In particular there may be risks associated with investment projects specific to new access networks which support products for which demand is uncertain at the time the investment is made.

(58)  Any Commission decision under Article 19(1) of the Framework Directive should be limited to regulatory principles, approaches and methodologies. For the avoidance of doubt, it should not prescribe detail which will normally need to reflect national circumstances, and it should not prohibit alternative approaches which can reasonably be expected to have equivalent effect. Such a decision should be proportionate and should not have an effect on decisions taken by national regulatory authorities that do not create a barrier to the internal market.

(59)  Annex I to the Framework Directive identified the list of markets to be included in the Recommendation on relevant product and service markets which may warrant ex ante regulation. This Annex should be repealed since its purpose of serving as a basis for drawing up the initial version of the Recommendation on Relevant Product and Service Markets has been fulfilled.

(60)  It may not be economically viable for new entrants to duplicate the incumbent's local access network in part or in its entirety within a reasonable period of time. In this context, mandating unbundled access to the local loop or sub-loop of operators enjoying significant market power may facilitate market entry and increase competition in retail broadband access markets. In circumstances where unbundled access to local loop or sub-loop is not technically or economically feasible, relevant obligations for the provision of non-physical or virtual network access offering equivalent functionality may apply.

(61)  The purpose of functional separation, whereby the vertically integrated operator is required to establish operationally separate business entities, is to ensure the provision of fully equivalent access products to all downstream operators, including the operator's own vertically integrated downstream divisions. Functional separation has the capacity to improve competition in several relevant markets by significantly reducing the incentive for discrimination and by making it easier to verify and enforce compliance with non-discrimination obligations. In exceptional cases, functional separation may be justified as a remedy where there has been persistent failure to achieve effective non-discrimination in several of the markets concerned, and where there is little or no prospect of infrastructure competition within a reasonable timeframe after recourse to one or more remedies previously considered to be appropriate. However, it is very important to ensure that its imposition preserves the incentives of the concerned undertaking to invest in its network and that it does not entail any potential negative effects on consumer welfare. Its imposition requires a coordinated analysis of different relevant markets related to the access network, in accordance with the market analysis procedure set out in Article 16 of the Framework Directive. When undertaking the market analysis and designing the details of this remedy, national regulatory authorities should pay particular attention to the products to be managed by the separate business entities, taking into account the extent of network roll-out and the degree of technological progress, which may affect the substitutability of fixed and wireless services. In order to avoid distortions of competition in the internal market, proposals for functional separation should be approved in advance by the Commission.

(62)  The implementation of functional separation should not prevent appropriate coordination mechanisms between the different separate business entities in order to ensure that the economic and management supervision rights of the parent company are protected.

(63)  Continued integration of the internal market for electronic communications networks and services requires better coordination in the application of the ex ante regulation provided for under the EU regulatory framework for electronic communications.

(64)  Where a vertically integrated undertaking chooses to transfer a substantial part or all of its local access network assets to a separate legal entity under different ownership or by establishing a separate business entity for dealing with access products, the national regulatory authority should assess the effect of the intended transaction on all existing regulatory obligations imposed on the vertically integrated operator in order to ensure the compatibility of any new arrangements with Directive 2002/19/EC (Access Directive) and Directive 2002/22/EC (Universal Service Directive). The national regulatory authority concerned should undertake a new analysis of the markets in which the segregated entity operates, and impose, maintain, amend or withdraw obligations accordingly. To this end, the national regulatory authority should be able to request information from the undertaking.

(65)  While it is appropriate in some circumstances for a national regulatory authority to impose obligations on operators that do not have significant market power in order to achieve goals such as end-to-end connectivity or interoperability of services, it is however necessary to ensure that such obligations are imposed in conformity with the EU regulatory framework and, in particular, its notification procedures.

(66)  The Commission should be empowered to adopt implementing measures with a view to adapting the conditions for access to digital television and radio services set out in Annex I to market and technological developments. This is also the case for the minimum list of items in Annex II that must be made public to meet the obligation of transparency.

(67)  Facilitating access to radio frequency resources for market players will contribute to removing the barriers to market entry. Moreover, technological progress is reducing the risk of harmful interference in certain frequency bands and therefore reducing the need for individual rights of use. Conditions for the use of spectrum to provide electronic communication services should therefore normally be laid down in general authorisations unless individual rights are necessary, considering the use of the spectrum, to protect against harmful interference, to ensure technical quality of service, to safeguard efficient use of the spectrum or to meet a specific general interest objective. Decisions on the need for individual rights should be made in a transparent and proportionate manner.

(68)  The introduction of the requirements of service and technology neutrality in granting rights of use, together with the increased possibility to transfer rights between undertakings, should increase the freedom and means to deliver electronic communications services to the public, thereby also facilitating the achievement of general interest objectives. However, certain general interest obligations imposed on broadcasters for the delivery of audiovisual media services may require the use of specific criteria for the granting of rights of use when it appears to be essential to meet a specific general interest objective set out by Member States in conformity with Community law. Procedures associated with the pursuit of general interest objectives should in all circumstances be transparent, objective, proportionate and non-discriminatory.

(69)  Considering its restrictive impact on free access to radio frequencies, the validity of an individual right of use that is not tradable should be limited in time. Where rights of use contain provision for renewing their validity, competent national authorities should first carry out a review, including a public consultation, taking into account market, coverage and technological developments. In view of spectrum scarcity, individual rights granted to undertakings should be regularly reviewed. In carrying out this review, competent national authorities should balance the interests of the rights holders with the need to foster the introduction of spectrum trading as well as the more flexible use of spectrum through general authorisations where possible.

(70)  Minor amendments to rights and obligations are those amendments which are mainly administrative, do not change the substantial nature of the general authorisations and the individual rights of use and thus cannot cause any comparative advantage to the other undertakings.

(71)  Competent national authorities should have the power to ensure effective use of spectrum and, where spectrum resources are left unused, to take action to prevent anti-competitive hoarding, which can hinder new market entry.

(72)  National regulatory authorities should be able to take effective action to monitor and secure compliance with the terms and conditions of the general authorisation or of rights of use, including the power to impose effective financial or administrative penalties in the event of breaches of those terms and conditions.

(73)  The conditions that may be attached to authorisations should cover specific conditions governing accessibility for users with disabilities and the need of public authorities and emergency services to communicate between themselves and with the general public before, during and after major disasters. Also, considering the importance of technical innovation, Member States should be able to issue authorisations to use spectrum for experimental purposes, subject to specific restrictions and conditions strictly justified by the experimental nature of such rights.

(74)  Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop(16) has proved to be effective in the initial stage of market opening. The Framework Directive calls upon the Commission to monitor the transition from the regulatory framework of 1998 to the 2002 framework and to bring forward proposals to repeal that Regulation at an appropriate time. Under the 2002 framework, national regulatory authorities have a duty to analyse the market for wholesale unbundled access to metallic loops and sub-loops for the purpose of providing broadband and voice services as defined in the Recommendation on Relevant Product and Service Markets. Since all Member States have analysed this market at least once and the appropriate obligations based on the 2002 framework are in place, Regulation (EC) No 2887/2000 has become unnecessary and should therefore be repealed.

(75)  Measures necessary for the implementation of the Framework, Access and Authorisation Directives should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(17).

(76)  In particular, the Commission should be empowered to adopt Recommendations and/or implementing measures in relation to the notifications under Article 7 of the Framework Directive; harmonisation in the fields of spectrum and numbering as well as in matters related to security of networks and services; the identification of the relevant product and service markets; the identification of trans-national markets; the implementation of standards and the harmonised application of the provisions of the regulatory framework. Power should also be conferred on the Commission to adopt implementing measures to update Annexes I and II to the Access Directive to market and technological developments. Since those measures are of general scope and are designed to amend non-essential elements of these Directives, inter alia by supplementing them with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2002/21/EC (Framework Directive)

Directive 2002/21/EC is hereby amended as follows:

1)  Article 1(1) shall be replaced by the following:"

1.  This Directive establishes a harmonised framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services, and certain aspects of terminal equipment to facilitate access for disabled users. It lays down tasks of national regulatory authorities and establishes a set of procedures to ensure the harmonised application of the regulatory framework throughout the Community. ▌

2)  Article 2 shall be amended as follows:

3)  Article 3 shall be amended as follows:

4)  Article 4 shall be amended as follows:

5)  Article 5(1) shall be replaced by the following:"

1.  Member States shall ensure that undertakings providing electronic communications networks and services provide all the information, including financial information, necessary for national regulatory authorities to ensure conformity with the provisions of, or decisions made in accordance with, this Directive and the Specific Directives. In particular, national regulatory authorities shall have the power to require those undertakings ▌to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors. Undertakings with significant market power on wholesale markets may also be required to submit accounting data on the retail markets that are associated with those wholesale markets.

Undertakings shall provide such information promptly upon request and in conformity with the timescales and level of detail required by the national regulatory authority. The information requested by the national regulatory authority shall be proportionate to the performance of that task. The national regulatory authority shall give the reasons justifying its request for information and shall treat the information in accordance with paragraph 3.

6)  Articles 6 and 7 shall be replaced by the following:"

Article 6

Consultation and transparency mechanism

Except in cases falling within Articles 7(9), 20, or 21, Member States shall ensure that, where national regulatory authorities intend to take measures in accordance with this Directive or the Specific Directives, or where they intend to provide for restrictions in accordance with Article 9(3) and 9(4), which have a significant impact on the relevant market, they give interested parties the opportunity to comment on the draft measure within a reasonable period.

National regulatory authorities shall publish their national consultation procedures.

Member States shall ensure the establishment of a single information point through which all current consultations can be accessed.

The results of the consultation procedure shall be made publicly available by the national regulatory authority, except in the case of confidential information in accordance with Community and national law on business confidentiality.

Article 7

Consolidating the internal market for electronic communications

1.  In carrying out their tasks under this Directive and the Specific Directives, national regulatory authorities shall take the utmost account of the objectives set out in Article 8, including insofar as they relate to the functioning of the internal market.

2.  National regulatory authorities shall contribute to the development of the internal market by working with each other and with the Commission and BEREC in a transparent manner so as to ensure the consistent application, in all Member States, of the provisions of this Directive and the Specific Directives. To this end, they shall, in particular, work with the Commission and BEREC to identify the types of instruments and remedies best suited to address particular types of situations in the marketplace.

3.  Except where otherwise provided in recommendations or guidelines adopted pursuant to Article 7b upon completion of the consultation referred to in Article 6, where a national regulatory authority intends to take a measure which:

4.  Where an intended measure covered by paragraph 3 aims at:

5.  Within the two-month period referred to in paragraph 4, the Commission may:

The Commission shall take utmost account of the opinion of BEREC before issuing a decision ▌. The decision ▌ shall be accompanied by a detailed and objective analysis of why the Commission considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure.

6.  Where the Commission has adopted a decision in accordance with paragraph 5 requiring the national regulatory authority to withdraw a draft measure, the national regulatory authority shall amend or withdraw the draft measure within six months of the date of the Commission's decision. When the draft measure is amended, the national regulatory authority shall undertake a public consultation in accordance with the procedures referred to in Article 6, and shall re-notify the amended draft measure to the Commission in accordance with the provisions of paragraph 3.

7.  The national regulatory authority concerned shall take the utmost account of comments of other national regulatory authorities, BEREC and the Commission and may, except in cases covered by paragraphs 4 and 5(a), adopt the resulting draft measure and, where it does so, shall communicate it to the Commission.

▌

8.  The national regulatory authority shall communicate to the Commission and BEREC all adopted final measures which fall under Article 7(3)(a) and (b).

9.  In exceptional circumstances, where a national regulatory authority considers that there is an urgent need to act, in order to safeguard competition and protect the interests of users, by way of derogation from the procedure set out in paragraphs 3 and 4, it may immediately adopt proportionate and provisional measures. It shall, without delay, communicate those measures, with full reasons, to the Commission, the other national regulatory authority, and BEREC. A decision by the national regulatory authority to render such measures permanent or extend the time for which they are applicable shall be subject to the provisions of paragraphs 3 and 4.

7)   the following Articles shall be inserted:"

Article 7a

Procedure for the consistent application of remedies

1.  Where an intended measure covered by Article 7(3) aims at imposing, amending or withdrawing an obligation on an operator in application of Article 16 in conjunction with Article 5 and Articles 9 to 13 of Directive 2002/19/EC (Access Directive), and Article 17 of Directive 2002/22/EC (Universal Service Directive), the Commission may, within the period of one month provided for by Article 7(3), notify the national regulatory authority concerned and BEREC of its reasons for considering that the draft measure would create a barrier to the single market or its serious doubts as to its compatibility with Community law. In such a case, the draft measure shall not be adopted for a further three months following the Commission's notification.

In the absence of such notification, the national regulatory authority concerned may adopt the draft measure, taking utmost account of any comments made by the Commission, BEREC or any other national regulatory authority.

2.  Within the three month period referred to in paragraph 1, the Commission, BEREC and the national regulatory authority concerned shall cooperate closely with the objective of identifying the most appropriate and effective measure in the light of the objectives laid down in Article 8, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice.

3.  Within six weeks from the beginning of the three month period referred to in paragraph 1, BEREC shall, acting by a majority of its component members, issue an opinion on the Commission's notification referred to in that paragraph, indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. This opinion shall be reasoned and made public.

4.  If in its opinion, BEREC shares the serious doubts of the Commission, it shall cooperate closely with the national regulatory authority concerned with the objective of identifying the most appropriate and effective measure. Before the end of the three month period referred in paragraph 1, the national regulatory authority may:

5.  Where BEREC does not share the serious doubts of the Commission or does not issue an opinion, or where the national regulatory authority amends or maintains its draft measure pursuant to paragraph 4, the Commission may, within one month following the end of the three month period referred to in paragraph 1 and taking utmost account of the opinion of BEREC if any:

6.  Within one month of the Commission issuing the recommendation in accordance with paragraph 5(a) or lifting its reservations in accordance with paragraph 5(b), the national regulatory authority concerned shall communicate to the Commission and BEREC the adopted final measure.

This period may be extended to allow the national regulatory authority to undertake a public consultation in accordance with Article 6.

7.Where the national regulatory authority decides not to amend or withdraw the draft measure on the basis of the recommendation issued under paragraph 5(a) it shall provide a reasoned justification.  

8.The national regulatory authority may withdraw the proposed draft measure at any stage of the procedure.  

Article 7b

Implementing provisions

1.  After public consultation and consultation with national regulatory authorities and taking utmost account of the opinion of BEREC, the Commission may adopt recommendations and/or guidelines in relation to Article 7 that define the form, content and level of detail to be given in the notifications required in accordance with Article 7(3), the circumstances in which notifications would not be required, and the calculation of the time limits.

2.  The measures referred to in paragraph 1 shall be adopted in accordance with the advisory procedure referred to in Article 22(2).

8)  Article 8 shall be amended as follows:

9)   the following Article shall be inserted:"

Article 8a

Strategic planning and coordination of radio spectrum policy ▌

1.  Member States shall cooperate with each other and with the Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European Community. To this end, they shall take into consideration, inter alia, the economic, safety, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of EU policies as well as the various interests of radio spectrum user communities with the aim of optimising the use of radio spectrum and avoiding harmful interference.

2.  By cooperating with each other and with the Commission, Member States shall promote the coordination of radio spectrum policy approaches in the European Community and, where appropriate, harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market in electronic communications.

3.  The Commission, taking utmost account of the opinion of the Radio Spectrum Policy Group (RSPG), established by Commission Decision 2002/622/EC*, may submit legislative proposals to the European Parliament and the Council for establishing multiannual radio spectrum policy programmes. Such programmes shall set out the policy orientations and objectives for the strategic planning and harmonisation of the use of radio spectrum in accordance with the provisions of this Directive and the Specific Directives.

4.  Where necessary to ensure the effective coordination of the ▌ interests of the European Community in international organisations competent in radio spectrum matters ▌, the Commission, taking utmost account of the opinion of the ▌RSPG ▌, may propose common policy objectives to the European Parliament and the Council.

▌

__________________

* OJ L 198, 27.7.2002, p. 49.

10)  Article 9 shall be replaced by the following:"

Article 9

Management of radio frequencies for electronic communications services

1.  Taking due account of the fact that radio frequencies are a public good that has an important social, cultural and economic value, Member States shall ensure the effective management of radio frequencies for electronic communication services in their territory in accordance with Articles 8 and 8a. They shall ensure that spectrum allocation used for electronic communications services and issuing general authorisations or individual rights of use of such radio frequencies by competent national authorities are based on objective, transparent, non-discriminatory and proportionate criteria.

In applying this Article, Member States shall respect relevant international agreements, including the ITU Radio Regulations, and may take public policy considerations into account.

2.  Member States shall promote the harmonisation of use of radio frequencies across the Community, consistent with the need to ensure effective and efficient use thereof and in pursuit of benefits for the consumer such as economies of scale and interoperability of services. In so doing, they shall act in accordance with Article 8a and with the Decision No 676/2002/EC (Radio Spectrum Decision).

3.  Unless otherwise provided in the second subparagraph, Member States shall ensure that all types of technology used for electronic communications services may be used in the radio frequency bands, declared available for electronic communications services in ▌ their National Frequency Allocation Plan in accordance with Community law.

4.  Unless otherwise provided ║ in the second subparagraph, Member States shall ensure that all types of electronic communications services may be provided in the radio frequency bands, declared available for electronic communications services in ▌ their National Frequency Allocation Plan in accordance with Community law. Member States may, however, provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided, including, where necessary, to fulfil a requirement under the ITU Radio Regulations.

A measure which prohibits the provision of any other electronic communications service in a specific band may only be provided for where justified by the need to protect safety of life services. Member States may exceptionally also extend such a measure in order to fulfil other general interest objectives as defined by Member States in accordance with Community law.

5.  Member States shall regularly review the necessity of the restrictions referred to in paragraphs 3 and 4, and shall make the results of these reviews public.

6.  Paragraphs 3 and 4 shall apply to spectrum allocated to be used for electronic communications services, general authorisations issued and individual rights of use of radio frequencies granted after ...(18).

Spectrum allocations, general authorisations and individual rights of use which existed by ...* shall be subject to Article 9a.

7.  Without prejudice to the provisions of the Specific Directives and taking into account the relevant national circumstances, Member States may lay down rules in order to prevent spectrum hoarding, in particular by setting out strict deadlines for the effective exploitation of the rights of use by the holder of the rights and by applying penalties, including financial penalties or the withdrawal of the rights of use in case of non-compliance with the deadlines. These rules shall be established and applied in a proportionate, non-discriminatory and transparent manner.

11)  The following Articles shall be inserted:"

Article 9a

Review of restrictions on existing rights

1.  For a period of five years starting from ...*, Member States may allow holders of rights to use radio frequencies which were granted before that date and which will remain valid for a period of not less that five years after that date, to submit an application to the competent national authority for a reassessment of the restrictions on their rights in accordance with Article 9(3) and (4).

Before adopting its decision, the competent national authority shall notify the right holder of its reassessment of the restrictions, indicating the extent of the right after reassessment, and shall allow him a reasonable time limit to withdraw his application.

If the right holder withdraws his application, the right shall remain unchanged until its expiry or until the end of the five-year period, whichever is the earlier date.

2.  After the five-year period referred to in paragraph 1, Member States shall take all appropriate measures to ensure that Article 9(3) and (4) apply to all remaining general authorisations or individual rights of use and spectrum allocations used for electronic communications services which existed on ...(19).

3.  In applying this Article, Member States shall take appropriate measures to promote fair competition.

4.  Measures adopted in applying this Article do not constitute the granting of new rights of use and therefore are not subject to the relevant provisions of Article 5(2) of Directive 2002/20/EC (Authorisation Directive).

Article 9b

Transfer or lease of individual rights to use radio frequencies

1.  Member States shall ensure that undertakings may transfer or lease to other undertakings in accordance with conditions attached to the rights of use of radio frequencies and with national procedures individual rights to use radio frequencies ▌ in the bands for which this is provided in the implementing measures adopted pursuant to paragraph 3.

In other bands, Member States may also make provision for undertakings to transfer or lease individual rights to use radio frequencies to other undertakings in accordance with national procedures.

Conditions attached to individual rights to use radio frequencies shall continue to apply after the transfer or lease, unless otherwise specified by the competent national authority.

Member States may also determine that the provisions of paragraph 1 shall not apply where the undertaking´s individual right to use radio frequencies was initially obtained free of charge.

2.  Member States shall ensure that an undertaking's intention to transfer rights to use radio frequencies, as well as the effective transfer thereof is notified in accordance with national procedures to the competent national authority responsible for granting individual rights of use and is made public. Where radio frequency use has been harmonised through the application of the Decision No 676/2002/EC (Radio Spectrum Decision) or other Community measures, any such transfer shall comply with such harmonised use.

3.  The Commission may adopt appropriate implementing measures to identify the bands for which usage rights may be transferred or leased between undertakings. These measures shall not cover frequencies which are used for broadcasting.

These technical implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3).

12)  Article 10 shall be amended as follows:

13)  Article 11 shall be amended as follows:

14)  Article 12 shall be replaced by the following:"

Article 12

Co-location and sharing of network elements and associated facilities for providers of electronic communications networks

1.  Where an undertaking providing electronic communications networks has the right under national legislation to install facilities on, over or under public or private property, or may take advantage of a procedure for the expropriation or use of property, national regulatory authorities shall, taking full account of the principle of proportionality, be able to impose the sharing of such facilities or property, including buildings, entries to buildings, building wiring, masts, antennae, towers and other supporting constructions, ducts, conduits, manholes, cabinets ▌.

2.  Member States may require holders of the rights referred to in paragraph 1 to share facilities or property (including physical co-location) or take measures to facilitate the coordination of public works in order to protect the environment, public health, public security or to meet town and country planning objectives and only after an appropriate period of public consultation, during which all interested parties shall be given an opportunity to express their views. Such sharing or coordination arrangements may include rules for apportioning the costs of facility or property sharing.

3.  Member States shall ensure that national authorities, after an appropriate period of public consultation during which all interested parties are given the opportunity to state their views, also have the power to impose obligations in relation to the sharing of wiring inside buildings or up to the first concentration or distribution point where this is located outside the building, on the holders of the rights referred to in paragraph 1 and/or on the owner of such wiring, where this is justified on the grounds that duplication of such infrastructure would be economically inefficient or physically impracticable. Such sharing or coordination arrangements may include rules for apportioning the costs of facility or property sharing adjusted for risk where appropriate.

4.  Member States shall ensure that competent national authorities may require undertakings to provide the necessary information, if requested by the competent authorities, in order for these authorities, in conjunction with national regulatory authorities, to be able to establish a detailed inventory of the nature, availability and geographical location of the facilities referred to in paragraph 1 and make it available to interested parties.

5.  Measures taken by a national regulatory authority in accordance with this Article shall be objective, transparent, non-discriminatory, and proportionate. Where relevant, these measures shall be carried out in coordination with local authorities.

15)   the following chapter shall be inserted:"

Chapter IIIa

SECURITY AND INTEGRITY OF NETWORKS AND SERVICES

Article 13a

Security and integrity

1.  Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services take appropriate technical and organisational measures to appropriately manage the risks posed to security of networks and services. Having regard to the state of the art, these measures shall ensure a level of security appropriate to the risk presented. In particular, measures shall be taken to prevent and minimise the impact of security incidents on users and interconnected networks.

2.  Member States shall ensure that undertakings providing public communications networks take all appropriate steps to guarantee the integrity of their networks, and thus ensure the continuity of supply of services provided over those networks.

3.  Member States shall ensure that undertakings providing public communications networks or publicly available electronic communications services notify the competent national regulatory authority of a breach of security or loss of integrity that has had a significant impact on the operation of networks or services.

Where appropriate, the national regulatory authority concerned shall inform the national regulatory authorities in other Member States and the European Network and Information Security Agency (ENISA) ▌. The national regulatory authority concerned may inform the public or require the undertakings to do so, where it determines that disclosure of the breach is in the public interest.

Once a year, the national regulatory authority concerned shall submit a summary report to the Commission and ENISA on the notifications received and the action taken in accordance with this paragraph.

4.  The Commission, taking the utmost account of the opinion of ENISA, may adopt appropriate technical implementing measures with a view to harmonising the measures referred to in paragraphs 1, 2, and 3, including measures defining the circumstances, format and procedures applicable to notification requirements. These technical implementing measures shall be based on European and international standards to the greatest extent possible, and shall not prevent Member States from adopting additional requirements in order to pursue the objectives set out in paragraphs 1 and 2.

These implementing measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 22(3).

Article 13b

Implementation and enforcement

1.  Member States shall ensure that in order to implement Article 13a, competent national regulatory authorities have the power to issue binding instructions, including those regarding time limits for implementation, to undertakings providing public communications networks or publicly available electronic communications services ║.

2.  Member States shall ensure that competent national regulatory authorities have the power to require undertakings providing public communications networks or publicly available electronic communications services to:

3.  Member States shall ensure that national regulatory authorities have all the powers necessary to investigate cases of non-compliance and the effects thereof on the security and integrity of the networks.

4.  These provisions shall be without prejudice to Article 3 of this Directive.

16)   in Article 14, paragraph 3 shall be replaced by the following:"

3.  Where an undertaking has significant market power on a specific market (the first market), it may also be designated as having significant market power on a closely related market (the second market), where the links between the two markets are such as to allow the market power held in the first market to be leveraged into the second market, thereby strengthening the market power of the undertaking. Consequently, remedies aimed at preventing such leverage may be applied in the second market pursuant to Articles 9, 10, 11 and 13 of Directive 2002/19/EC (Access Directive), and where such remedies prove to be insufficient, remedies pursuant to Article 17 of Directive 2002/22/EC (Universal Service Directive) may be imposed.

17)  Article 15 shall be amended as follows:

18)  Article 16 shall be amended as follows:

19)  Article 17 shall be amended as follows:

20)  Article 18 shall be amended as follows:

21)  Article 19 shall be replaced by the following:"

Article 19

Harmonisation procedures

1.  Without prejudice to Article 9 of this Directive and Articles 6 and 8 of Directive 2002/20/EC (Authorisation Directive), where the Commission finds that divergences in the implementation by the national regulatory authorities of the regulatory tasks specified in this Directive and the Specific Directives may create a barrier to the internal market, the Commission may, taking the utmost account of the opinion of BEREC, ▌ issue a recommendation or a decision on the harmonised application of the provisions in this Directive and the Specific Directives in order to further the achievement of the objectives set out in Article 8.

2.  Where the Commission issues a recommendation pursuant to paragraph 1, it shall act in accordance with the advisory procedure referred to in Article 22(2).

Member States shall ensure that national regulatory authorities take the utmost account of those recommendations in carrying out their tasks. Where a national regulatory authority chooses not to follow a recommendation, it shall inform the Commission, giving the reasons for its position.

3.  The decisions adopted pursuant to paragraph 1 may only include the identification of a harmonised or coordinated approach for the purposes of addressing the following matters: